The California Supreme Court’s landmark ruling, In re Kowalczyk, represents a significant step towards establishing a pretrial system that is grounded in both state and federal constitutional law, and in which judges make informed, intentional decisions—based on clear legal criteria—about pretrial release and detention.
Many states have legal frameworks that resemble California’s. While the specifics may vary, these frameworks often include:
- constitutional limits on who can be detained before or without trial;
- laws or court rules that set forth a presumption of release for those not eligible for detention;
- a requirement that any release conditions be individualized and least restrictive; and
- a requirement that nonfinancial conditions be considered first; and financial conditions considered only when no nonfinancial conditions will reasonably assure court appearance and public safety
By banning unaffordable financial conditions and prohibiting pretrial detention beyond the state’s constitutional limits, the California Supreme Court seems to be inviting both California practitioners and pretrial stakeholders across the country to make their pretrial systems more fair, just, and effective. APPR hosted an interactive training to discuss the main holdings of Kowalczyk, identify the opportunities—and challenges—the decision represents, and invite questions and comments from participants.
We suggest you read our brief analysis of the decision, California Court Upholds Constitutional Pretrial Decisions, and In re Kowalczyk, before the training.
“Please keep these coming- APPR is a fabulous resource for all pretrial matters!”
