The bail reform movement has scored a victory in New Orleans.

U.S. District Judges Sarah Vance and Eldon Fallon ruled New Orleans’ court system could not hold inmates because they could not afford to pay bail.

The rulings deem the actions of Magistrate Judge Harry Cantrell and judges in the 12 Criminal District Court unconstitutional.

Vance argued there is “undisputed evidence” that New Orleans’ court system maintains a policy or practice of not inquiring into criminal defendants' ability to pay before those individuals are imprisoned for nonpayment of court debts.

She concluded the bail system violates inmates’ right to due process and the courts have failed to "provide a neutral forum for determination of such persons' ability to pay is unconstitutional."

Fallon wrote that Cantrell’s actions violate defendants’ due process rights, and he has “not provided notice of the importance of the issue of the criminal defendant’s ability to pay, inquiry into the ability to pay, findings on the record regarding ability to pay and consideration of alternative conditions of release or application of a legal standard in the determination of the necessity of pretrial detention.”

The rulings highlight a conflict of interest stemming from the revenue from the fees being a part of the court system’s budget. According to The New Orleans Advocate, the charges comprise a quarter of its discretionary budget. Cantrell has admitted to refusing to set bails under $2,500 according to The Nation.

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