Friday, January 5, 2018

Bail Industry Loses Hard (Again, Again, Again) in New Mexico

I've already written about how the industry lost its motion for preliminary injunction in New Mexico. And I've already written about how the industry had their entire suit dismissed down there, too.

Well, yesterday the district court awarded sanctions against the bail industry attorney who brought the suit, writing that the lawyer added certain legislators and the state bail bond association for an improper purpose -- "namely, for political reasons to express their opposition to lawful bail reforms in the State of New Mexico."

These parties clearly lacked standing, and if you've been reading these posts, you'll remember that I already mentioned that standing was a thing courts expected lawyers to get right before they filed suit. He did other things, but this was a biggie. You can't use a federal court to try to prove a point.

Anyway, this will be a hard pill to swallow, given that literally everything the bail industry does is for political reasons. Somewhere in the opinion, the court notes that the attorney actually sent a letter to the New Mexico Legislative Council Service "promoting" the lawsuit, and offered to appear to the legislature to answer questions. You all should realize that this is the kind of conduct that ABC and PBUS thinks is quite normal. They won't even understand why it was wrong. 

I remember well the giddiness of convention attendees being told of the industry's new strategy to sue those states doing bail reform with these kinds of claims. This is the fallout, and anyone else besides PBUS and ABC would have seen it coming.