Court Rightly Locked Down Bail Reform Challenge
Thanks to Holland v. Rosen, New Jersey bail reform appears to be with us without interruption. We only hope that the speedy trial component will be successful, so those in jail or otherwise restrained do not languish without trial, and those at liberty do not experience further delays.
August 27, 2018 at 11:00 AM
3 minute read
Prior to the 2014 constitutional amendment, article 1, paragraph 11 of the New Jersey Constitution provided for the right to bail except for capital offenses when the proof was “evident or presumption great.” The New Jersey Constitution also had, and continues to have, a separate provision, like the Eighth Amendment to the federal Constitution, prohibiting “excessive bail.” (art. 1, par. 12). In November 2014, the voters approved an amendment to article 1, paragraph 11 to permit pretrial preventative detention and to reduce reliance on money bail. When a defendant was ordered to home confinement pending trial, he and a bonding company sought to enjoin the program as a violation of the federal Constitution. In Holland v. Rosen, the Third Circuit affirmed the district court's denial of a preliminary injunction.
Before the constitutional amendment and subsequent legislation (see N.J.S.A. 2A:162-15 et seq; R. 3:25, 3:26), our system of pretrial release was essentially based on the ability to post bail. With exceptions driven by rule changes, the system was “money based.” Although defendants could be required to post property or cash, most were released on bail posted by a bondsman who deposited 10 percent and received its return at the termination of proceedings. Recent reforms place more focus and emphasis on alternatives to money bail. Defendants who pose a risk of flight or non-appearance, a danger to public safety, or obstruction of the prosecution or law enforcement, may now be detained after a hearing. Those held only because they cannot afford to post bail are not. The terms of release are determined after a risk assessment and provide for flexibility including personal recognizance, adhering to non-monetary conditions, attendance to drug treatment or a monitored program, or other conditions which can have a monetary component.
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Who Got The Work
Charles A. Weiss of Holland & Knight has entered an appearance for Rafael Badalov in a pending trademark infringement lawsuit. The suit, filed July 26 in New York Eastern District Court by Lee Law on behalf of Otter Products LLC, accuses the defendant of selling counterfeit phone cases and accessories bearing the plaintiff's 'OtterBox' trademark. The case, assigned to U.S. District Judge Nina R. Morrison, is 1:24-cv-05214, Otter Products, LLC v. Badalov et al.
Who Got The Work
Gibson, Dunn & Crutcher partners Benjamin Hershkowitz, Richard W. Mark and Casey J. McCracken and R. Scott Johnson, Thomas M. Patton and Cara S. Donels have entered appearances for Berkshire Hathaway Energy Co. and MidAmerican Energy Co., respectively, in a pending patent infringement lawsuit. The case, filed July 17 in Iowa Southern District Court by Nyemaster Goode PC and Caldwell Cassady & Curry on behalf of Midwest Energy Emissions Corp., asserts six patents related to sorbents for the oxidation and removal of mercury. The case, assigned to U.S. District Judge Stephen H. Locher, is 4:24-cv-00243, Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al.
Who Got The Work
Michael J. Hickey and Michael L. Jente of Lewis Rice LLC have stepped in to represent Tidal Wave Management in a pending trademark infringement lawsuit. The case, filed July 18 in Missouri Western District Court by Husch Blackwell on behalf of Waterway Gas & Wash Co., accuses the defendant of using a mark that's confusingly similar to the plaintiff's 'Clean Car Club' mark. The case, assigned to U.S. District Judge Fernando J. Gaitan Jr., is 4:24-cv-00471, Waterway Gas & Wash Company v. Tidal Wave Management LLC.
Who Got The Work
Wachtell, Lipton, Rosen & Katz partners Lauren M. Kofke and William Savitt have stepped in to represent CVS Health and and its top officials in a pending shareholder derivative lawsuit. The complaint, filed Aug. 30 in New York Southern District Court by the Brown Law Firm on behalf of Chaya Sara Kaufmann, accuses the defendants of failing to disclose that they used misleading forecasts to set premium plans which overstated the profitability of the company's health care benefits segment. The case, assigned to U.S. District Judge Margaret M. Garnett, is 1:24-cv-06595, Kaufmann v. Lynch et al.
Who Got The Work
Robert L. Wallan from Pillsbury Winthrop Shaw Pittman has entered an appearance for Findlay Management Group in a pending complaint for declaratory judgment. The complaint, filed on Aug. 8 in Nevada District Court by Gordon Rees Scully Mansukhani and Skarzynski Marick & Black on behalf of Houston Casualty Co., seeks to declare that no insurance policy exists between Houston Casualty and Findlay due to there not being an adequate form of delivery and claims that if delivery was substantiated it is rescinded based on material omissions and misrepresentations. The case, assigned to U.S. District Judge Gloria M. Navarro, is 2:24-cv-01459, Houston Casualty Company v. Findlay Management Group.
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