New York judge rules it’s unconstitutional to set bail without regard to ability to pay–ABA Journal

BY DEBRA CASSENS WEISS

Setting cash bail without considering an accused person’s ability to pay is unconstitutional, a judge in New York state has ruled.

Judge Maria Rosa of Dutchess County ruled Jan. 31 in a suit filed on behalf of Christopher Kunkeli by the New York Civil Liberties Union, the New York Law Journal reports. Rosa said setting bail without considering ability to pay violates the equal protection and due process clauses of the federal and state constitutions. A NYCLU press release is here.

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