The Professional Bondsmen of Texas- Blog

TEXAS -- The state's growing movement for bail reform has taken center stage during the coronavirus pandemic. Last month, the Texas Supreme Court sided with Gov. Greg Abbott after a judge halted his order restricting jail release.   What You Need To Know: Governor's order restricts release of inmates accused or convicted of violent crimes without bail Advocates claim order favors those inmates who can pay Attorney says middle ground to be found in governor's order Abbott put the order in place in March to get ahead of judges who were weighing a wide release of inmates to mitigate the spread of COVID-19. The order prohibits judges from releasing jail inmates accused or previously convicted of violent crimes without paying bail. Bail reform advocates argue the governor's order favors those who can afford to post bail and makes release all but impossible for defendants w ho can't.   But Ken W. Good, an attorney on the board of the Professional Bondsm...

Arlington attorney Warren Norred typically spends work days on intellectual property cases filed in federal court. But now Norred, principal in Norred Law, has found himself in the eye of a political hurricane by representing Shelley Luther, owner of Salon A La Mode in Dallas. The  city of Dallas sued Luther  for opening her salon on April 24, in violation of Dallas’ COVID-19 stay-home order. The case ramped up this week when a Dallas judge jailed Luther for  contempt of court  because she violated that court’s  temporary restraining order  by continuing to run her salon. Her sentence was seven days in jail and a $7,000 fine, with another $500 per day that the salon remained open, reported The Texan. But on Thursday the Texas Supreme Court stepped in by granting  an emergency motion  to allow Luther’s release from jail, as the court handles a  petition for writ of habeas corpus  filed by Norred. To see more CLI...

Texas Gov. Greg Abbott on Thursday removed jail as a punishment for violating his  coronavirus  restrictions following outcry by conservatives over a Dallas salon owner who was locked up for refusing to keep her business closed. In a swift relaxing of his own rules, Abbott said his new order should free Shelley Luther, who was booked in the Dallas County jail this week for keeping her salon open in defiance of the governor's restrictions meant to slow the spread of the coronavirus. Luther refused to apologize for repeatedly flouting the order, leading a judge to find her in contempt of court and sentence her to a week behind bars. Her punishment quickly became a rallying cry for Republican lawmakers and conservative activists, and one online fundraising campaign had raised more the $500,000 for Luther as of Thursday morning. “Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical, and I will not allow it to happen,” Abbott ...

Gov. Greg Abbott, Lt. Gov. Dan Patrick and Attorney General Ken Paxton said Wednesday a Dallas judge’s decision to jail a salon owner for illegally reopening her shop went too far. Their comments come one day after the woman was jailed and two days before the next phase of Abbott’s plan to relax coronavirus restrictions allows barber shops and hair and nail salons to reopen across the state. Shelley Luther, a Dallas salon owner, was sentenced to a week in jail and strapped with a $7,000 fine after she violated an order to close her salon. She reopened her store, Salon à la Mode, nearly two weeks ago and ignored a cease-and-desist order by Dallas County Judge Clay Jenkins. According to The Dallas Morning News, Jenkins offered to let Luther go with just a fine if she apologized, but she refused. * * * But several Democratic lawmakers, including state Rep. Gene Wu, a Houston Democrat, compared Luther’s punishment to minorities who historically have faced harsh sentences for nonviolent cri...

A Texas judge has sentenced a North Texas salon owner to seven days in jail for keeping her business open despite Governor Greg Abbott's executive statewide order to shutter all non-essential businesses during the coronavirus epidemic. The judge offered to commute her sentence if she apologized for "being selfish." However, she didn't apologize and plans on appealing the judge's decision. "I have to disagree with you sir, when you say that I'm selfish because feeding my kids—is not selfish," Luther told the judge. "I need to feed my family and my stylists could not feed their families." "I have hair stylists that are going hungry because they'd rather feed their kids. So sir, if you think the law is more important than kids getting fed, then please go ahead with your decision, but I am not going to shut the salon," she continued. To see original story CLICK HERE . KLTV story- CLICK HERE . Attorney Gener...

A federal judge has said no to releasing inmates from the Dallas County Jail amid an outbreak of coronavirus — 153 inmates have tested positive so far. Lawyers for the nine plaintiffs told  The Dallas Morning News  they hope a forthcoming explanation from U.S. District Judge Ada Brown will explain that decision. The lawsuit said Dallas County inmates can't physically distance themselves from others and have little access to soap or face masks. Mostare being held on drug-related charges and have underlying health issues. The sheriff last week in court argued new sanitation and isolation policies in the jail were working, and that granting the inmates’ requests to release inmates would harm public safety. To see the original story  CLICK HERE .

Governor Greg Abbott announced plans Monday afternoon to reopen businesses in Texas since according to Abbott, “[The] executive order has done its job to slow the growth of COVID-19.” Gov. Abbott said the stay at home order set to expire on April 30 will be allowed to expire. He said based on advice from health experts, Texas businesses will be reopened in phases beginning Friday, May 1. With Gov. Abbott’s new executive order  all retail stores, restaurants, malls and theaters can reopen on Friday, but at 25% capacity. To see the original story CLICK HERE .

A federal appeals court on Monday  approved a ban on most abortions  in Texas during the coronavirus pandemic – including those induced by medication – and continued to flex its muscle in a back-and-forth with an Austin-based district court judge who believes most abortions should be exempt from the state’s ban on non-emergency procedures. To see the original story  CLICK HERE . To read the Court's opinion  CLICK HERE .   The 5th Circuit used unusually strong language that was directed at the U.S. District Judge Lee Yeakel. Quotes from opinion- The April 9 TRO violated the “mandate rule,” a particular manifestation of the law-of-the-case doctrine barring reexamination of issues already decided by an appellate court. Our Abbott II opinion plainly expected, as a foundational premise for applying Jacobson, that the district court would allow the parties to adduce additional evidence about the effects of GA-09 in specific circumstances....

Most abortions in Texas blocked during pandemic after latest appeals court ruling A federal appeals court on Monday  approved a ban on most abortions  in Texas during the coronavirus pandemic – including those induced by medication – and continued to flex its muscle in a back-and-forth with an Austin-based district court judge who believes most abortions should be exempt from the state’s ban on non-emergency procedures. To see the original story  CLICK HERE . To read the Court's opinion  CLICK HERE .   The 5th Circuit used unusually strong language that was directed at the U.S. District Judge Lee Yeakel. Quotes from opinion- The April 9 TRO violated the “mandate rule,” a particular manifestation of the law-of-the-case doctrine barring reexamination of issues already decided by an appellate court.   Our Abbott II opinion plainly expected, as a foundational premise for applying Jacobson, that the district court would allow the parti...

Residents protest coronavirus stay-at-home orders in 5 states Opposition to  COVID-19  stay-at-home orders has continued to build from coast to coast, with at least five states the site of protests Sunday. Protesters sporting masks and signs took to their state capitols, while others honked their car horns during gridlock demonstrations calling on their governors to open up their states. Last week, other stay-at-home protests took place in California, Michigan, Kentucky, Minnesota, Virginia, Utah, North Carolina and Ohio. To see the original story CLICK HERE . To see article about protest of stay at home order in Texas CLICK HERE . CNN story CLICK HERE .

Several inmates, represented by the American Civil Liberties Union (ACLU), Civil Rights Corps, and Next Generation Action Network (NGAN), are suing Dallas County Sheriff Marian Brown for the immediate release of inmates from Dallas County’s Lew Sterrett Justice Center. A hearing is set in  Sanchez et al v. Dallas County Sheriff Marian Brown  before United States District Court Judge Ada Brown on April 21.  The plaintiffs petitioned for the release of all medically-vulnerable inmates and other inmates who are not medically-vulnerable in order to reduce the population of the jail so that a six-foot social distance can be maintained. With a jail population of over 5,000, Dallas County Health and Human Services reported 34 confirmed COVID-19 inmate cases this week. No deaths have been reported. The State of Texas, Governor Greg Abbott, and Attorney General Ken Paxton filed a motion to intervene in the case over concerns that this lawsuit could result in the r...

In March, Governor Abbott Bail entered Executive Order GA-13.  The order is referred to as the "Bail Executive Order" and it suspended parts of Chapter 17 of the Texas Code of Criminal Procedure during the pandemic.  The order contains essentially two provisions.  The first provision states that someone who is arrested on a charge of violence or attempted violence is not eligible for a PR bond.  The second provision states that someone arrested who has been convicted of a charge of violence or attempted violence is not eligible for a PR bond.  Critics of the order argue that it discriminates against the poor.  The Governor argues that the order strikes the right balance between addressing the releases of arrestees during a pandemic and public safety especially during this period where law enforcement has been requested to not arrest for certain offenses. Some also argue that the executive order was a re...

A judge pushed pause late Friday on an executive order issued by Texas Gov. Greg Abbott in March that restricted access to awarding personal recognizance bonds to certain suspects. In response to discussions and concerns about emptying the jails of violent suspects to curb the spread of the coronavirus, Abbott signed the executive order to prevent a widespread release of certain inmates on personal recognizance bonds. Criminal justice reform advocate organizations and Harris County magistrates argued and then filed a lawsuit saying the order was unconstitutional and created a two-tier bond system in favor of wealthy suspects. Also called personal bonds, these are issued by judges and allow suspects the opportunity to be released from jail at minimal or no cost while awaiting trial. To see original article  CLICK HERE . Story also noted  HERE  and  HERE . UPDATE:  Supreme Court of Texas issues stay of District Court's Order-  CLICK HERE . Analysis-  CLI...

The Texas Supreme Court has stayed a ruling that blocked an executive order prohibiting judges from releasing inmates during the pandemic on personal bonds if they’ve been accused or convicted of a violent crime. The high court’s decision on Saturday effectively gives Gov. Greg Abbott the ability to enforce the order in contention, although that is not permanent. Responses from both the governor and the plaintiff, which includes 16 Harris County misdemeanor judges and several criminal defense organizations, are due Monday morning, according to notifications from the court. To see original story  CLICK HERE .

Gov.  Greg Abbott ’s order restricting the release of some jail inmates during the new coronavirus pandemic is facing a challenge arguing his order violates the constitutional separation of powers and discriminates against poor criminal defendants. Harris County’s misdemeanor judges, criminal defense organizations and the NAACP of Texas  sued  Abbott and Texas Attorney General  Ken Paxton  on Wednesday in Travis County district court. The plaintiffs are represented in part by the American Civil Liberties Union of Texas and the Texas Fair Defense Project. You can see the original story by  CLICKING HERE .

As the new coronavirus continues to spread in Texas’ two biggest county jails, Gov.  Greg Abbott  has made it harder for thousands of inmates to get out of local lockups. In an  executive order  Sunday, Abbott barred inmates accused or previously convicted of violent crimes from being released from jails without paying bail. Those with the same criminal history or the same charges can still walk free if they have access to cash — a distinction that bail reform attorneys argue makes the order unconstitutional. The sweeping move — which suspends a swath of the state law on bail — comes as advocates and local governments across the country work to minimize population in lockups . . . To read more  CLICK HERE .

G overnor Abbott Issues Executive Order Regarding Bail On March 29, 2020, the Governor of the State of Texas Issued an Executive Order regarding bail practices.  The Governor ordered the following on a statewide basis effective immediately: Suspends article 17.03 of the Texas Code of Criminal Procedure and all other relevant statutes and rules relating to persona bonds "to the extent necessary to preclude the release on personal bond, any person previously convicted of a crime that involves physical violence or the threat of physical violence, or any person current arrested for such a crime that is supported by probable cause. Suspends article 17.151 of the Texas Code of Criminal Procedure to the extent necessary to prevent any person's automatic release on personal bond because the State is not ready for trial. Supsends article 15.21 of the Texas Code of Criminal Procedure to the extent necessary to prevent any person's automatic release on personal bond while serving a ...

Bail Experts Discuss Compliance With The  Governor's Executive Order on Bail As a part of our continuing services to Counties during the COVID-19 pandemic, the Professional Bondsmen of Texas has approached several attorneys who specialize in bail law and sought their analysis regarding the Governor's Executive Order GA-13.  Here are the responses we received: The Executive Order addresses only the use of PR bonds in certain situations.   The Executive Order does not alter or change the process for setting bail under Texas Law.   Since the process of setting bail is done before a determination of whether a person is eligible for a PR bond is made, bail can continue to be set as usual in most counties.  Nothing in this order prevents a trial court from setting bail.  Nothing in the Order requires the denial of bail for certain charges such as assault.  Instead, the Executive Order precludes the use of a PR bond forcerta...