The U.S. Court of Appeals for the 5th Circuit on Friday affirmed a district court’s decision earlier this year that Caldwell County’s closed bail hearing policy is unconstitutional.
Caldwell County’s policy to bar the press and public from bail hearings was challenged in a lawsuit in 2023 by two nonprofit news organizations, the Texas Tribune and the Caldwell/Hays Examiner, and advocacy organization Mano Amiga. The plaintiffs claimed the county violated their “First Amendment right of access to judicial proceedings and Plaintiffs’ Fourteenth Amendment right to procedural due process.”
“This is a really gratifying result with enormous implications for bail hearings across Texas and beyond,” said Scott Wilkens, senior counsel at the Knight First Amendment Institute, who argued the case for the plaintiffs. “Public access to court proceedings is fundamental to our democracy because it ensures that they’re conducted fairly and fosters respect for the judicial system.”
The county’s five magistrates adopted the bail hearing policy and did not provide the public with any notice or opportunity to object prior to the closed proceedings, which the county’s attorney said created a situation of unnecessary delay.
The lawsuit was prompted by repeated attempts by the plaintiffs to access the hearings in 2022. The Examiner visited the county jail multiple times asking for access. Mano Amiga even wrote to the county officials asking to have the hearings opened. According to court documents, the county judge repeatedly denied their access to the hearings saying that the public was banned.
U.S. District Judge Robert Pitman ruled in favor of the plaintiffs in February, and in a preliminary injunction ordered Caldwell County to open bail hearings by March 4.
Bail hearings occur no later than 48 hours after a person is arrested. In the hearing, the accused is informed by a magistrate judge of the charges against them and their rights. The judge also sets bail for the accused during the hearing.
For criminal defendants, this can be the only time they appear before a judge before they enter a plea unless they plead guilty. Since most convictions happen before a trial, what happens in these proceedings is very important. According to the State Bar of Texas, approximately 98% of all criminal cases are resolved with some form of plea bargain. Without being able to see these hearings, the public and the press are not able to know if magistrates are fulfilling their duties or if they are treating arrestees fairly.
“Access to bail hearings ensures people who are arrested are treated fairly and their ability to pay is taken into account in setting bail,” said Eric Martinez, executive director of Mano Amiga, in a press release. “Even a few days in jail can lead to loss of jobs, vehicles, and housing — consequences that devastate families and communities of the accused and underscore the importance of their right to attend bail hearings."
Mano Amiga, which advocates for people who have been arrested and victims of crime, said it was prevented from supporting those who were having bail hearings.
It is general practice in Texas that these hearings are closed. In the lawsuit, the county stated that there is no constitutional right for the press and public to participate in “such informal proceedings.”
The plaintiffs argued that closed hearings stop them from their ability “to keep the public informed regarding a crucial part of the criminal justice system in Caldwell County.”
“The Texas Tribune believes firmly in the public’s right to know what’s going on inside courtrooms, halls of government and other areas where the power of the state is exercised,” said Matthew Watkins, the Texas Tribune’s editor-in-chief. “We’re thrilled with the result of this case, and are proud to have been a part of it.”
The ruling found that both news organizations were unable to report on bail trends and were barred from ensuring fairness and accuracy of the magistrate judges’ conduct.
“This decision is a victory for transparency, accountability, and freedom of the press,” said Sam Benavides, managing editor of the Caldwell/Hays Examiner, in a press release. “Independent publications like ours are committed to digging deep into issues of injustice in our communities, and today’s decision will enable us to continue to diligently and responsibly cover legal proceedings.”
Caldwell County’s bail hearings can now be accessed via video stream. Officials did not immediately respond to requests for comment. It is unclear whether the county will ask the U.S. Supreme Court to review the case.
