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Page 10 The Skanner Portland & Seattle July 13, 2022 News Detroit Cash Bail Reforms to Strike at Racial Inequality By AARON MORRISON Associated Press M ichigan’s largest district court and bail reform advocates agreed Tuesday to settle a fed- eral class-action lawsuit over cash bail practic- es, which activists say routinely and unconsti- tutionally jail poor and working class defen- dants despite evidence of their inability to pay. Both sides say the re- forms strike at racial in- equality in the criminal legal system. On any giv- en day in Wayne County, which includes Detroit, the nation’s Blackest city, nearly three-quarters of those jailed are Black, a proportion much higher than their share of the population. The agreement re- quires the court to re- form bail practices, including limiting its ability to impose unaf- fordable bail on defen- dants. Advocates say it could be a model for court systems nation- wide, where race and wealth are significant factors in the administra- tion of justice. Detroit’s 36th District Court, the American Civil Liberties Union and The Bail Project, a nonprofit that pays bail for people in need, said the status quo wreaks unnecessary havoc on defendants’ jobs, homes and families. “This is a historic agreement that we be- lieve can and should be a template for how courts around the country can adapt their bail practices to what is lawful, consti- tutional and sensible,” said Phil Mayor, senior staff attorney for the Michigan ACLU. Chief Judge William McConico of the 36th Dis- trict Court said settling the class-action lawsuit, filed in 2019 just before he became the chief, pre- sented an opportunity to show that law enforce- ment and activists can work together to change the criminal legal sys- tem. “Other African Amer- ican cities will be able to point to what one of the largest district courts in the country is doing to address this issue,” said McConico, who is Black. “That’s why it is so im- portant that this is start- ing in a major Black city, that it is not being rolled out in a suburban city or a small court.” The reforms, shared with The Associated Press exclusively ahead of Tuesday’s announce- ment, do not bar judges from imposing cash bail, especially if defendants are deemed a flight risk or a danger to the pub- lic. However, all Detroit judges and magistrates must say on the record how imposing bail would protect the community or prevent a failure to appear. Judges must also make an on-the-record determination as to how much a defendant can af- ford to pay. The parties also agreed that any defendant who is at 200% of the federal poverty level or less is to be assumed unable to post cash bond. Accord- ing to the 2022 federal guidelines, 200% of the poverty level is annu- al earnings of roughly $27,000 for an individual and $55,000 for a family of four. “This should largely eliminate the practice of imposing what may seem to some like small amounts of cash bail, which effectively serve as a jail sentence for somebody who hasn’t yet been convicted of a crime,” Mayor said. The sides also agreed to new rules stipulating when and what triggers a bail redetermination hearing, if a defendant’s bail has been set but goes unpaid. The hearing would allow for a bail amount to be reduced or withdrawn altogether if it is later deemed unaf- fordable. The reforms in Detroit come as some states and local jurisdictions across the U.S. have either rolled back or are con- sidering rollbacks of bail reforms in response to a pandemic-era increase in crime. From San Francis- co to New York City and cities in between, rheto- ric around the uptick in violence and nuisance crimes has slowed polit- ical momentum despite bipartisan agreement that mass incarceration is expensive and has no proven positive effect on public safety. “We are still mov- ing forward in a very thoughtful way, to say that the presumption of See DETROIT on page 11 Sharon Nickleberry Rogers Appointed to Oregon Housing Stability Council The Skanner News SALEM, Ore. — Oregon Housing and Communi- ty Services announced that Sharon Nickleberry Rogers, CPA, is newly ap- pointed to serve on the Oregon Housing Stabil- ity Council. The council works to establish OHCS’ strategic direction to meet the housing and services needs of low- and moderate-income Oregonians, as well as reviews and sets policy for the development and financing of affordable housing in the state. “Councilmember Nick- leberry Rogers brings impressive professional experience and a passion for serving communities facing barriers to hous- Sharon Nickleberry ing access,” said OHCS Director Andrea Bell. “We need voices like Sha- ron’s in our council to support our mission of building and preserving affordable housing in all forms, shapes and sizes for Oregon renters and homeowners.” Nickleberry Rogers is a native Portland resident who is passionate about serving the community and making a difference for individuals who lack adequate or affordable housing. She is honored to serve on the Housing Stability Council. “My compassion for housing stems from my childhood when my par- ents provided housing for family members relo- cating to Portland,” Nick- leberry Rogers said. “I recognized early on the importance of housing and knew having a safe place to call home was special. My parents’ com- mitment to helping oth- ers ignited my interest in helping others.” She is a public servant employed as a financial analyst with the city of Portland. She has over 20 years of experience in various financial roles with the Internal Reve- nue Service, Pricewater- houseCoopers, NE Com- munity Development Corporation, Harsch Investment Properties, and Home Forward. She is also a licensed and cer- tified public accountant in Oregon. Nickleberry Rogers received her undergrad- uate degree from the University of Oregon and two master’s degrees from Portland State Uni- versity in business and taxation. She lives in northeast Portland with her husband and has a daughter attending col- lege. Nickleberry Rogers will serve a three-year term and will have the option to serve addition- al terms. Housing Stabil- ity Council meetings are held on the first Friday of the month with addition- al meetings as needed. To watch an upcoming meeting and stay updat- ed about the events of the council, visit oregon.gov/ ohcs/hsc. Obituary: Paul E. Stewart Jr. October 22, 1945 - June 23, 2022 Paul E. Stewart Jr. was born Octo- ber 22, 1945 in Portland, and passed away June 23, 2022. Paul enjoyed the outdoors and was a long time Portland resident. For more infor- mation please see www.terryfami- lyfuneralhome.com
