Disir
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- Sep 30, 2011
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City Court Judge Thomas Marcelle issued an order Monday challenging the constitutionality of the state's bail-reform statutes, setting up the first legal battle over a new law that removed judges' discretion to require a defendant to post cash in order to assure their return to court.
Invoking the case of a man who has for years repeatedly failed to make court appearances in multiple counties — and also neglected to pay fines for traffic violations and other minor offenses — Marcelle issued a 12-page decision questioning whether the Legislature had "exceeded its authority by mandating that a court may never impose cash bail in non-qualifying offenses even when it determines — based upon an individual assessment — that it is the least restrictive method to ensure a defendant's appearance."
...If Marcelle sets bail, as he indicated in his order he may, it would set up the first test case involving a judicial order challenging the constitutionality of the state's bail-reform statute.
"In short, a judge unable to make judgments is not a judge," Marcelle wrote. "Consequently, by stripping judges of necessary discretion to control the appearance of a defendant, the Legislature improperly interfered with the judiciary's capacity to fulfill its constitutional mandate."
Cohoes judge issues order challenging state's bail reform law
This is going to be popcorn eating fun! Sometime................soon.
Invoking the case of a man who has for years repeatedly failed to make court appearances in multiple counties — and also neglected to pay fines for traffic violations and other minor offenses — Marcelle issued a 12-page decision questioning whether the Legislature had "exceeded its authority by mandating that a court may never impose cash bail in non-qualifying offenses even when it determines — based upon an individual assessment — that it is the least restrictive method to ensure a defendant's appearance."
...If Marcelle sets bail, as he indicated in his order he may, it would set up the first test case involving a judicial order challenging the constitutionality of the state's bail-reform statute.
"In short, a judge unable to make judgments is not a judge," Marcelle wrote. "Consequently, by stripping judges of necessary discretion to control the appearance of a defendant, the Legislature improperly interfered with the judiciary's capacity to fulfill its constitutional mandate."
Cohoes judge issues order challenging state's bail reform law
This is going to be popcorn eating fun! Sometime................soon.
