New law firm joins bail bond reform suit

Representation added to cover 16 county judges, avoid conflicts

Harris County commissioners voted unanimously Tuesday to add another law firm to the county’s court fight against bail reform, a group whose job will be representing 16 county criminal judges who were recently added to a pending federal civil rights lawsuit.

The county was sued in May by a group of public interest attorneys, including a nonprofit in Washington, D.C., and Houston’s Susman Godfrey law firm, in an effort to force local officials to moderate policies that until now have resulted in the jailing of misdemeanor offenders too poor to pay bail.

The lawsuit was filed in the name of Maranda ODonnell, a 22-year-old single mother, who spent two days in the Harris County jail after being arrested for driving without a valid license because she couldn’t post $2,500 bail.

Records show Harris County already has paid another law firm, Gardere Wynne Sewell LLP, $169,464 for six lawyers

who have worked defending the county against the ODonnell civil case through July, according to a bill obtained through an open records request. Those bills included 113 hours of work by lead attorney Katharine David, who has charged $525 per hour, and 64 hours of work by Mike Stafford, a former Harris County attorney, who charges $610 per hour, according to new details released Tuesday.

So far, the county’s lawyers for the case have charged for, among other things, meeting with the county’s own hearing officers who set bond via video hearings, as well as sheriff’s officials, the 16 judges, the district attorney and other county officials. They’ve also drafted replies and motions in so far unsuccessful attempts to get the case dismissed, according to records obtained from the county attorney Tuesday.

‘Conflict of interest’

Commissioners voted Tuesday to add another firm, Winston & Strawn LLP, to represent criminal county court at law judges.

Those judges were recently added as defendants to the case, which originally named the sheriff, hearing officers and the county as defendants. Precinct 4 Commissioner Jack Cagle pointed out he was voting in favor because the county attorney recommended approving the additional counsel.

“With the large number of people and entities being sued by the plaintiffs, there is the possibility of a conflict of interest,” said Robert Soard, first assistant county attorney. “Because of the possibility of a conflict and at the request of the judges, the Office of the County Attorney and Commissioners Court decided to retain separate counsel for the judges.”

Soard said the firm is assigning four lawyers to work on the matter and as agreed to charge $450 per hour with a cap of $40,000.

Reform advocates previously criticized the county for hiring outside counsel — instead of attempting to settle the case or fasttracking bail reforms that could have cost less and possibly prevented the lawsuit. State Sen. Rodney Ellis, D-Houston, has suggested the county attorney should handle the matter himself and seek a less costly settlement.

‘Money bail’

The lawsuit seeks no cash damages but rather to speed proposals the county has already been studying, such as moderating a fee schedule that fixes the bond price based mainly on type of offense and providing defense attorneys to the poor at bail hearings. Harris County already has won two major grants to help reform its bail system, but with so many players involved progress has been slow.

One of the firms involved, Equal Justice Under Law, has sued to fight so-called “money bail” in 17 locations nationwide, saying the practice punishes the poor more than wealthier people accused of the same crimes — an alleged violation of the constitutional right to equal protection under the law.

About 70 percent of the inmates in Harris County’s crowded jail are being held pretrial, and local judges release only a fraction of low-risk nonviolent offenders on no-cost “personal bonds,” county statistics show.

A six-month pilot program to provide defense lawyers at bail hearings now conducted via video with only hearing officers and prosecutors present would have cost less than the legal fees the county has spent so far, according to public records.

On the reformer’s side of the lawsuit, Neal Manne, of Susman Godfrey, said his firm’s attorneys are donating their time — and he’s personally covering outof-pocket expenses.

“Susman Godfrey and I will handle the case without charge for as long as it takes,” Manne said via mail. “Of course, notwithstanding that we are working for free, the law provides that the reasonable value of our time (which will be very substantial) could be among the legal fees the county is ordered to pay if the plaintiffs eventually prevail.”