Tuesday, July 10, 2018

Bail Industry Loses in New Jersey (Again)

This is getting pretty old. When I go back into the old bail insurance Facebook posts, I see how excited they were about telling bail agents that their savior, Paul Clement, was bringing a suit in New Jersey that will put an end to this whole bail reform thing.

When the insurance companies lost in the district court, they tried to spin it, but I wrote about it here.

Well, it went up to the federal circuit court, and the bail industry lost again. Here's that opinion. I see they're spinning that decision today as well.

I don't have enough time to document all the instances in which bail insurance companies mislead bail agents by hyping their work at battling bail reform. But I can't think of a single time that a bail insurance company blazed some giant headline of "Breaking News" to announce a thing that, six or seven months later, didn't fizzle out.

There will eventually come a time when bail agents everywhere will realize that the insurance companies don't know anything about bail, have no strategy to deal with what is likely the demise of the industry (the strategy they've chosen, to fight everyone and everything, is only making judges decide not to use commercial surety bonds), and missed out on the opportunity to actually help jurisdictions with pretrial release and detention.