Settlement offer pending in bail lawsuit

Plaintiffs lawyer indicates resolution possible if judge’s terms followed

A new settlement offer is on the table in the high-stakes federal lawsuit over the county’s bail system, after a judge’s ruling that poor people are wrongfully held in jail because they can’t post cash bail.

A new settlement offer is on the table in the highstakes federal lawsuit over Harris County’s bail system, following a judge’s ruling that poor people are wrongfully held in jail because they can’t post cash bail.

The offer came less than 24 hours after County Judge Ed Emmett told the Chronicle that he had been informed multiple times by the county attorney’s office that the lawsuit could not be settled because attorneys for the misdemeanor suspects were unwilling to reach a deal.

Emmett’s comments brought an immediate offer: Agree to the terms outlined by Chief U.S. District Judge Lee H. Rosenthal and the lawsuit can be resolved.

“If they’re willing to settle today, we’re happy to settle, and they could stop spending taxpayer money defending a hopeless cause,” said attorney Neal Manne, a managing partner at Susman Godfrey, which is donating its services.

The county has already spent more than $2 million to defend against the lawsuit, and commissioners court voted recently to hire a $550-an-hour lawyer from Washington, D.C. to help decide whether to appeal the judge’s ruling.

Two civil rights groups — the Texas Fair Defense Project and Civil Rights Corp — joined with Susman Godfrey to sue Harris County last year on behalf of Maranda ODonnell, a single mother who was held for two days on a charge of driving without a license because she couldn’t afford the $2,500 bail. Two similar lawsuits were merged into the case in August.

Last week, the judge ordered the county to begin releasing indigent misdemeanor suspects on personal bonds without posting cash bail if they do not have other charges or warrants.

Emmett told Chronicle columnist Lisa Falkenberg Tuesday that commissioners have been told by the county attorney’s office “that the other side doesn’t want to settle.”

Manne, however, said the new settlement offer is just the latest attempt to reach an agreement. He said he submitted a settlement offer at the county’s request on June 1 that led to two days of mediation in August. After that, the two

sides exchanged multiple drafts of proposals to no avail.

First Assistant County Attorney Robert Soard said he is not opposed to further talks.

“They’ve made offers; we’ve made offers,” he said. “Certainly the county is willing to settle on terms that are reasonable. There’s no question about that.”

He declined to comment on progress since Manne’s offer late Tuesday.

“In order to settle the case, the clients have to come to an agreement that’s reasonable,” he said. “It is not possible for the Harris County Attorney to settle the case over the objections of the client representatives.”

Precinct 3 Commissioner Steve Radack, a former police officer and the longest-serving member of county government, said he is concerned about suspects who may fall through the cracks and commit other crimes.

“There’s more to it than people just going in and out of jail,” he said.

Radack and Precinct 2 Commissioner Jack Morman and Precinct 4 Commissioner Jack Cagle indicated they are awaiting direction from County Attorney Vince Ryan before making a decision about whether to appeal the judge’s ruling.

But for Precinct 1 Commissioner Rodney Ellis, settling the case is the right way to go.

“You want to settle the case? Close the checkbook,” Ellis said. “The county is going to end up spending more on this then will be spent to redo the Astrodome.”

County Court at Law Judge Darrell Jordan, who is newly elected and the only one among 16 fellow judges being sued who does not oppose the lawsuit, said the county should abandon the legal fight.

“I strongly urge all parties involved to embrace Judge Rosenthal’s order and reach an agreement to settle this case post haste,” he said.

Rosenthal issued a temporary injunction after a lengthy hearing in March, finding that the county’s bail policy violated the due process and equal protection clauses of the U.S. Constitution. The judge granted the case “class action” status, meaning the ruling will affect bail proceedings for anyone arrested in the county on misdemeanors if they don’t have other legal problems.

County officials have been meeting to work out the logistics of implementing the order so that inmates can be released in a safe and orderly fashion, if the county decides not to appeal, officials said. gabrielle.banks@chron.com twitter.com/GabMoBanks