Judiciary

Judge's racially charged explanation for denying no-cost bail leads to call for him to resign

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A published article about judges in Harris County, Texas, who directed magistrates to deny no-cash bail to newly arrested defendants included a racially charged explanation from one of the judges.

Judge Michael McSpadden told the Houston Chronicle that he had a no-bond policy for at least a dozen years because he didn’t trust that lower-level judges could avoid errors.

McSpadden said he was concerned that released defendants would commit another offense, and said many had casual attitudes about showing up for court.

“The young black men—and it’s primarily young black men rather than young black women—charged with felony offenses, they’re not getting good advice from their parents,” he told the Chronicle. “Who do they get advice from? Rag-tag organizations like Black Lives Matter, which tell you, ‘Resist police,’ which is the worst thing in the world you could tell a young black man. … They teach contempt for the police, for the whole justice system.”

That comment has led the ACLU of Texas to call for McSpadden’s resignation, report the Chronicle and the Fort Worth Star-Telegram.

The ACLU is also asking the Texas Commission on Judicial Conduct to investigate the comment, and says McSpadden should be automatically recused from cases involving black defendants until the investigation is completed. A press release is here.

See also:

ABAJournal.com: “5th Circuit says cash bail system in Texas county is unconstitutional”

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