Paxton seeks to end Harris County misdemeanor bail consent decree after key court victory

A federal judge has granted Texas Attorney General Ken Paxton a key win, allowing him to intervene in a lawsuit that produced the 2019 Harris County misdemeanor bail reform consent decree.

“The justice system must be dedicated to punishing the evildoer and protecting the innocent,” Paxton said in a press release on Wednesday. “But far too often, leftist judicial activists and other liberal anti-prison organizations have worked to make Texas less safe by throwing open the prison doors and unleashing criminals back onto the streets. I will do everything in my power to reverse this disastrous policy and uphold the law.”

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The O’Donnell Consent Decree stemmed from a 2016 class-action lawsuit arguing that Harris County’s prior bail practices were unconstitutional because they detained people charged with misdemeanors simply for being unable to afford cash bail.

A judge approved the decree in 2019, eliminating most cash bail for misdemeanor offenses and requiring release on unsecured bonds, while also creating an independent monitor to oversee compliance.

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The new ruling opens the door for Paxton’s office to seek termination of the decree, arguing that it violates Texas law and endangers public safety.

Paxton’s office said the decree “enabled radical judges to more easily release criminals into Harris County communities” and that liberal activists have tried to expand its reach despite state laws imposing stricter bail standards.

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“General Paxton seeks to vacate the decree and ensure that the rights of Harris County citizens are represented in court,” the release said.