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As a result of Georgia Senate Bill 63, thousands of people are being kept in jail pre-trial because they can鈥檛 afford to post bail, even when a judge believes the person should have been released until trial with no risk to the public. The ACLU鈥檚 Criminal Law Reform Project, along with ACLU-GA and the Southern Center for Human Rights, filed a class action lawsuit challenging SB63鈥檚 mandatory monetary bail provisions under the Georgia State Constitution.

Shelby County (Memphis), Tennessee, historically set cash bail in criminal cases without stopping to ask whether people would be able to bail out. This practice unnecessarily detained people who could not afford to pay for release, but who would otherwise return to court and live peacefully in their communities. The ACLU Criminal Law Reform Project negotiated a historic settlement with Shelby County to end this practice. In retaliation, the Tennessee legislature passed HB 1719, which prohibits judges from considering an arrestee鈥檚 ability to pay when setting bail. This law is unprecedented. Our lawsuit seeks to enjoin Shelby County officials from enforcing it.

This case in the New York Court of Appeals (the highest New York state court) asks whether a government agency can conceal guidance that it issues to judges on how to apply the law in adjudicating cases. A few years ago, news reporting brought to light that a New York administrative agency has a practice of issuing such guidance to state court judges without disclosing it to the public. Because the agency's guidance informs how judges decide cases鈥攚ith important implications for people鈥檚 rights鈥攖he New York Civil Liberties Union requested access to it under New York鈥檚 Freedom of Information Law. The agency denied the request, so the NYCLU sued. The NYCLU and the ACLU鈥檚 State Supreme Court Initiative are arguing that the public is entitled to the guidance and that there is a strong public interest in the transparent administration of justice.

This case asks if ORS 138.105(8)(a)(A)鈥攚hich removes an appellate court鈥檚 authority to review a 鈥渟entence that is within the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission鈥濃�攑recludes appellate review of a state constitutional challenge to a within-guidelines criminal sentence. The ACLU鈥檚 State Supreme Court Initiative, alongside the ACLU of Oregon, filed an amicus brief in support of defendant Fernandez, who seeks to challenge his sentence under the Oregon Constitution鈥檚 proportionality guarantee. The amicus brief argues that interpreting the statute to preclude review of Fernandez鈥檚 challenge would raise grave constitutional concerns under Oregon鈥檚 separation of powers and privileges and immunities doctrines.