5th Circ. Says Judge's Dual Role On Bail Violates Due Process

Law360 (August 30, 2019, 11:54 AM EDT) -- The Fifth Circuit has ruled that it violates due process for a New Orleans judge to set bail for criminal defendants while also overseeing a fund that a portion of bail bonds goes toward, despite the fact that the fund was not responsible for the judge's own salary.

The three-judge panel on Thursday upheld a lower court's decision in favor of two men arrested on misdemeanor charges, Adrian Caliste and Brian Gisclair, saying even though Judge Harry E. Cantrell did not depend on the court fund at issue for his own salary, the fund did finance many court expenses, including the...

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