Commentary
Newly Elected Democratic County Judges Introduce Major New Bail Reform Changes
NNPA NEWSWIRE — “…backlash resulted in Harris County voters showing up to the polls and sending those judges packing, allowing a new crop of Democratic judges to take up the issue of bail reform in a swift and more progressive manner after being sworn in on January 1.”
By Jeffrey L. Boney, NNPA Newswire Political Analyst
There is an old saying that “elections have consequences” and in Harris County, Texas, that saying has new meaning.
This past November, Democrats swept every single race in Harris County during the midterm elections, turning the county completely blue. Prior to the midterm elections, one of the most controversial and highly charged issues at the county level involved bail reform.
There was heavy pushback against bail reform in Harris County, mostly from the Republican judges who had served on the bench for years, which caused backlash amongst many activists and community leaders. That backlash resulted in Harris County voters showing up to the polls and sending those judges packing, allowing a new crop of Democratic judges to take up the issue of bail reform in a swift and more progressive manner after being sworn in on January 1.
This new slate of 15 Democratic county judges recently held a major press conference at the Barbara Jordan-Mickey Leland School of Public Affairs building located at Texas Southern University, along with Harris County Criminal Court at Law Judge Darrell Jordan, who has been on the bench since 2017 and who was the first judge to implement bail reform locally, and many other key county elected officials such as new County Judge Lina Hidalgo, and other activists and community leaders, to unveil significant revisions to Harris County’s current bail system.
Jordan announced the passage of Local Rule 9.1, which is a new bail rule that was drafted by the judges, with significant input from Harris County Sheriff Ed Gonzalez, Harris County District Attorney Kim Ogg, as well as from the lawyers who represent the indigent defendants that have been impacted by Harris County’s unconstitutional bail system.
The county contingent believes this change will finally bring effective bail reform to Harris County, and they plan to present this adopted new bail reform change to a federal judge to request it be implemented immediately in order to settle the civil rights lawsuit that has been filed against Harris County. According to county officials, Harris County has spent roughly $9 million in public funds on three outside private law firms to defend itself against the 2016 lawsuit that brought by two civil rights groups and a local law firm on behalf of indigent defendants who could not pay the necessary money to be released from jail.
“We want to settle this within the first 30 days of the new judges taking office,” said Jordan. “I am pleased that we were able to collaborate to ensure we came up with a rule that was in line with national best practices and something feasible for all parties to carry out. Due to the pending lawsuit we have to request to operate under our new rule. This will be a joint motion from the plaintiffs, DA, Sheriff, and the judges. It is our plan to have this up in running in the next 35 days.”
Under the new bail reform changes, 85 percent of individuals who are arrested on misdemeanor offenses will automatically qualify for release on no-cash bonds, according to county officials.
There are some offenses, for which there are absolutely no exceptions. Those who are not eligible to benefit from the new bail reform rules changes include individuals who have violated bond conditions in an open case, have been charged with domestic violence, have violated a protective order and are facing repeated drunk driving offenses.
Under the proposed new changes, defendants will appear before a magistrate or judge within 48 hours, at which time they may also qualify for a personal recognizance bond.
“This is a history making moment for civil rights not only in Harris County but for the U.S., because as the third-largest county in America, which is larger than 26 states, what we do here will be watched by all and can be emulated or replicated by all,” Jordan continued. “This is significant because what this also means is that no one will be in jail because they cannot afford to get out.”
Back in 2017, Chief U.S. District Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas handed down a historic 193-page decision, finding that the Harris County money bail system was unconstitutional and ordered Harris County to stop keeping people who had been arrested on misdemeanor charges in jail because they could not pay bail.
In her ruling, Judge Rosenthal highlighted statistics that revealed that 40 percent of the people who had been arrested on misdemeanor charges in Harris County had been arrested and jailed until their cases were resolved, and wrote in her ruling: “Harris County’s policy is to detain indigent misdemeanor defendants before trial, violating equal protection rights against wealth-based discrimination and violating due process protections against pretrial detention.”
She also directly cited an amicus brief in her ruling that was filed by the NAACP Legal Defense Fund (LDF) and Harris County Precinct One Commissioner Rodney Ellis, stating: “An amicus filing by Harris County Commissioner Rodney Ellis and the NAACP Legal Defense and Educational Fund notes that African Americans make up 18 percent of Harris County’s adult population but 48 percent of the Harris County Jail’s adult population. A 2011 study found that in Harris County, 70 percent of White misdemeanor defendants obtain early pretrial release from detention, but only 52 percent of Latino misdemeanor defendants and 45 percent of African American misdemeanor defendants do so. The defendants did not dispute this data.”
This is huge news for many Black, Latino, poor and disadvantaged Harris County residents, who have fallen victim to this law.
Commissioner Ellis believes the new rule changes enacted by the newly elected Harris County Criminal Court judges, who have only been in office for less than a month, demonstrates a clear commitment to upholding the Constitution and finally settling the bail lawsuit in Harris County.
“For too long in Harris County, money has determined whether a person languishes behind bars, separated from their family and denied due process because they cannot afford bail for nonviolent misdemeanors, while others — even those charged with violent crimes — are able to walk free if they can put up the cash,” said Commissioner Ellis. “This is an overdue first step toward leveling a two-tiered justice system, where access to justice, liberty and due process has been based on how much money a person has in their pocket instead of their guaranteed constitutional rights. Harris County will no longer be the largest county in the nation to violate the Constitution with its misdemeanor bail procedures. Instead, Harris County now has an opportunity to take the lead in implementing a holistic pretrial system for misdemeanor cases that upholds the Constitution, safeguards due process and protects our communities.”
Tarsha Jackson, who serves as the director of the Texas Organizing Project’s Right2Justice campaign, released a statement on the bail reform plan unveiled by Harris County, saying:
“Elections have consequences, and this is why TOP devoted so many resources to elections to build the progressive infrastructure that made this bail plan possible. When we launched TOP’s Right2Justice campaign in 2015 after Sandra Bland died in a jail cell in Waller County, one of our priorities was to end the money bail system that kept Ms. Bland behind bars simply because she couldn’t afford the $5,000 bond. The plan offered this week is a monumental start, but there’s still work to be done. We look forward on continuing to work with our elected officials and the community to take on bail reform for felony charges. Money should never be the deciding factor whether a person is released from jail or stays locked up.”
Judge Rosenthal’s ruling served as a severe blow to Harris County, and the results of the midterm elections seemingly delivered the knockout punch needed to reform the bail system, which is a major part of the overall criminal justice system, in Harris County.
As a result of these new proposed bail reform changes, it appears that other Texas counties that have bail systems that mirror that of Harris County’s unconstitutional bail system could finally see changes coming their way real soon as well. Time will tell.
In the meantime, the National Newspaper Publishers Association will continue to monitor the issue as it unfolds, particularly during the current Texas Legislative Session, where state legislators could effectively pass comprehensive bail reform legislation that would legally force the rest of the state of Texas to transform their current bail systems to do what is right and fair for all Texas residents. The results in Texas could bode well for other states across the country.
Jeffrey Boney is a political analyst for the NNPA Newswire and BlackPressUSA.com and the associate editor for the Houston Forward Times newspaper. Jeffrey is an award-winning journalist, dynamic, international speaker, experienced entrepreneur, business development strategist and founder and CEO of the Texas Business Alliance Follow Jeffrey on Twitter @realtalkjunkies.
Activism
Books for Ghana
We effectively facilitated cross-continent community building! We met the call and provided 400 books for ASC’s students at the call of the Minister of Education. We supported the work of a new African writer whose breakout novel is an action-packed depiction of a young woman steeped in Ghanaian culture who travels to the USA for college, all the while experiencing the twists, turns, and uncertainties that life brings.
By Min. Rauna Thurston, Chief Mpuntuhene Afua Ewusiwa I
My travels to Afrika began in June 2022, on a tour led by Prof. Manu Ampim, Director of the organization Advancing The Research. I was scheduled to become an ordained Minister by Wo’se Community of the Sacred African Way. It was vital that my feet touch the soil of Kemet and my spirit connect with the continent’s people before ordination.
Since 2022, I’ve made six trips to Afrika. During my travels, I became a benefactor to Abeadze State College (ASC) in Abeadze Dominase, Ghana, originally founded by Daasebre Kwebu Ewusi VII, Paramount Chief of Abeadze Traditional Area and now run by the government. The students there were having trouble with English courses, which are mandatory. The Ghanaian Minister of Education endorsed a novel written by 18-year-old female Ghanaian first-time writer, Nhyira Esaaba Essel, titled Black Queen Sceptre. The idea was that if the students had something more interesting to read, it would evoke a passion for reading; this seemed reasonable to me. Offer students something exciting and imaginative, combined with instructors committed to their success and this could work.
The challenge is how to acquire 800 books?!
I was finishing another project for ASC, so my cash was thin and I was devoid of time to apply for annual grants. I sat on my porch in West Oakland, as I often do, when I’m feeling for and connecting to my ancestors. On quiet nights, I reminisce about the neighborhood I grew up in. Across the street from my house was the house that my Godfather, Baba Dr. Wade Nobles and family lived in, which later became The Institute for the Advanced Study of Black Family Life & Culture (IASBFLC). Then, it came to me…ancestors invited me to reach out to The Association of Black Psychologists – Bay Area Chapter (ABPsi-Bay Area)! It was a long shot but worth it!
I was granted an audience with the local ABPsi Board, who ultimately approved funding for the book project with a stipulation that the Board read the book and a request to subsequently offer input as to how the book would be implemented at ASC. In this moment, my memory jet set to my first ABPsi convention around 2002, while working for IASBFLC. Returning to the present, I thought, “They like to think because it feels good, and then, they talk about what to do about what they think about.” I’m doomed.
However, I came to understand why reading the book and offering suggestions for implementation were essential. In short: ABPsi is an organization that operates from the aspirational principles of Ma’at with aims of liberating the Afrikan Mind, empowering the Afrikan character, and enlivening: illuminating the Afrikan spirit. Their request resulted in a rollout of 400 books in a pair-share system. Students checked out books in pairs, thereby reducing our bottom line to half of the original cost because we purchased 50% fewer units. This nuance promoted an environment of Ujima (collective work & responsibility) and traditional Afrikan principles of cooperation and interdependence. The student’s collaborative approach encouraged shared responsibility, not only for the physical book but for each other’s success. This concept was Dr. Lawford Goddard’s, approved by the Board, with Dr. Patricia “Karabo” Nunley at the helm.
We effectively facilitated cross-continent community building! We met the call and provided 400 books for ASC’s students at the call of the Minister of Education. We supported the work of a new African writer whose breakout novel is an action-packed depiction of a young woman steeped in Ghanaian culture who travels to the USA for college, all the while experiencing the twists, turns, and uncertainties that life brings. (A collectible novel for all ages). A proposed future phase of this collaborative project is for ASC students to exchange reflective essays on Black Queen Sceptre with ABPsi Bay Area members.
We got into good trouble. To order Black Queen Sceptre, email esselewurama14@gmail.com.
I became an ordained Minister upon returning from my initial pilgrimage to Afrika. Who would have imagined that my travels to Afrika would culminate in me becoming a citizen of Sierra Leone and recently being named a Chief Mpuntuhene under Daasebre Kwebu Ewusi VII, Paramount Chief of Abeadze Traditional Area in Ghana, where I envision continued collaborations.
Min. Rauna/Chief Mpuntuhene is a member of ABPsi Bay Area, a healing resource committed to providing the Post Newspaper readership with monthly discussions about critical issues in Black Mental Health, Wealth & Wellness. Readers are welcome to join us at our monthly chapter meetings every 3rd Saturday via Zoom and contact us at bayareaabpsi@gmail.com.
Arts and Culture
In ‘Affrilachia: Testimonies,’ Puts Blacks in Appalacia on the Map
By Terri Schlichenmeyer
The Bookworm Sez
An average oak tree is bigger around than two people together can reach.
That mighty tree starts out with an acorn the size of a nickel, ultimately growing to some 80 feet tall, with a canopy of a hundred feet or more across.
And like the new book, “Affrilachia” by Chris Aluka Berry (with Kelly Elaine Navies and Maia A. Surdam), its roots spread wide and wider.
Affriclachia is a term a Kentucky poet coined in the 1990s referring to the Black communities in Appalachia who are similarly referred to as Affrilachians.
In 2016, “on a foggy Sunday morning in March,” Berry visited Affrilachia for the first time by going the Mount Zion AME Zion Church in Cullowhee, North Carolina. The congregation was tiny; just a handful of people were there that day, but a pair of siblings stood out to him.
According to Berry, Ann Rogers and Mae Louise Allen lived on opposite sides of town, and neither had a driver’s license. He surmised that church was the only time the elderly sisters were together then, but their devotion to one another was clear.
As the service ended, he asked Allen if he could visit her. Was she willing to talk about her life in the Appalachians, her parents, her town?
She was, and arrangements were made, but before Barry could get back to Cullowhee, he learned that Allen had died. Saddened, he wondered how many stories are lost each day in mountain communities where African Americans have lived for more than a century.
“I couldn’t make photographs of the past,” he says, “but I could document the people and places living now.”
In doing so he also offers photographs that he collected from people he met in ‘Affrilachia,’ in North Carolina, Georgia, Kentucky, and Tennessee, at a rustic “camp” that was likely created by enslaved people, at churches, and in modest houses along highways.
The people he interviewed recalled family tales and community stories of support, hardship, and home.
Says coauthor Navies, “These images shout without making a sound.”
If it’s true what they say about a picture being worth 1,000 words, then “Affrilachia,” as packed with photos as it is, is worth a million.
With that in mind, there’s not a lot of narrative inside this book, just a few poems, a small number of very brief interviews, a handful of memories passed down, and some background stories from author Berry and his co-authors. The tales are interesting but scant.
For most readers, though, that lack of narrative isn’t going to matter much. The photographs are the reason why you’d have this book.
Here are pictures of life as it was 50 years or a century ago: group photos, pictures taken of proud moments, worn pews, and happy children. Some of the modern pictures may make you wonder why they’re included, but they set a tone and tell a tale.
This is the kind of book you’ll take off the shelf, and notice something different every time you do. “Affrilachia” doesn’t contain a lot of words, but it’s a good choice when it’s time to branch out in your reading.
“Affrilachia: Testimonies,” by Chris Aluka Berry with Kelly Elaine Navies and Maia A. Surdam
c.2024, University of Kentucky Press, $50.00.
Black History
Alice Parker: The Innovator Behind the Modern Gas Furnace
Born in Morristown, New Jersey, in 1895, Alice Parker lived during a time when women, especially African American women, faced significant social and systemic barriers. Despite these challenges, her contributions to home heating technology have had a lasting impact.
By Tamara Shiloh
Alice Parker was a trailblazing African American inventor whose innovative ideas forever changed how we heat our homes.
Born in Morristown, New Jersey, in 1895, Parker lived during a time when women, especially African American women, faced significant social and systemic barriers. Despite these challenges, her contributions to home heating technology have had a lasting impact.
Parker grew up in New Jersey, where winters could be brutally cold. Although little is documented about her personal life, her education played a crucial role in shaping her inventive spirit. She attended Howard University, a historically Black university in Washington, D.C., where she may have developed her interest in practical solutions to everyday challenges.
Before Parker’s invention, most homes were heated using wood or coal-burning stoves. These methods were labor-intensive, inefficient, and posed fire hazards. Furthermore, they failed to provide even heating throughout a home, leaving many rooms cold while others were uncomfortably warm.
Parker recognized the inefficiency of these heating methods and imagined a solution that would make homes more comfortable and energy-efficient during winter.
In 1919, she patented her design for a gas-powered central heating system, a groundbreaking invention. Her design used natural gas as a fuel source to distribute heat throughout a building, replacing the need for wood or coal. The system allowed for thermostatic control, enabling homeowners to regulate the temperature in their homes efficiently.
What made her invention particularly innovative was its use of ductwork, which channeled warm air to different parts of the house. This concept is a precursor to the modern central heating systems we use today.
While Parker’s design was never fully developed or mass-produced during her lifetime, her idea laid the groundwork for modern central heating systems. Her invention was ahead of its time and highlighted the potential of natural gas as a cleaner, more efficient alternative to traditional heating methods.
Parker’s patent is remarkable not only for its technical innovation but also because it was granted at a time when African Americans and women faced severe limitations in accessing patent protections and recognition for their work. Her success as an inventor during this period is a testament to her ingenuity and determination.
Parker’s legacy lives on in numerous awards and grants – most noticeably in the annual Alice H. Parker Women Leaders in Innovation Award. That distinction is given out by the New Jersey Chamber of Commerce to celebrate outstanding women innovators in Parker’s home state.
The details of Parker’s later years are as sketchy as the ones about her early life. The specific date of her death, along with the cause, are also largely unknown.
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