Martinez v. Anderson County
In Anderson County, Texas, pre-trial arrestees — who have not been found guilty of any crime — are required to pay bond supervision and urinalysis fees without consideration of their ability to pay. If they fall behind on payments, they can end up back in jail.
Anderson County’s pre-trial fee scheme is part of a disturbing national trend of funding the court system on the backs of the poorest members of society. When someone is arrested in Anderson County, they are booked at the county jail and often only released if they can post bail. Many arrestees pay 10–15% of a bail amount to a private company to secure their release, and this pre-trial payment-for-release is not refundable, even if their case is later dismissed or they’re found not guilty. But bail isn’t the only cost pre-trial arrestees have to pay to secure their freedom. Anderson County routinely requires pre-trial arrestees to also pay $50/month in bond supervision fees and $20 per urinalysis test. These fees are imposed for as long as a case remains in pre-trial status and are imposed without any consideration of whether the pre-trial arrestee can afford them. If they don’t pay, Anderson County’s bond officer threatens to send them back to jail. Bond fees create a conflict of interest for the bond officer, whose main task is to collect bond fees while bond fees are used to pay for the bond officer’s salary.
Our Lawsuit: On May 4, 2022, Equal Justice Under Law filed a lawsuit against Anderson County on behalf of thousands of individuals being extorted money through pre-trial fees before ever being found guilty of a crime.
Plaintiffs in this case, Cristian Martinez, Paul Estrada, and Edward Leroy Perkins, are indigent and on pre-trial bond supervision in Anderson County. They are required to pay supervision and drug testing fees and are subject to jail if they do not pay.
The suit was filed in partnership with The Law Office of Charles W. Nichols, P.C. Phil Telfeyan, Executive Director of Equal Justice Under Law, says, “Our system should not be designed to punish people for being poor, yet this is exactly what Anderson County is doing through extortion of funds from individuals who have not even been found guilty of a crime. We are confident our lawsuit will bring about justice that is long overdue.”
Update as of June 29, 2022: The Court denied Defendants' motion to dismiss, allowing the case to proceed to discovery.
Update as of March 28, 2023: The court granted class certification to Plaintiffs.
case details
Motion for Class Certification
Status: Ongoing
Date Filed: 5/4/2022
Plaintiffs: Cristian Martinez, Paul Estrada, and Edward Leroy Perkins, individually and on behalf of all others similarly situated
Defendants: Anderson County, Texas; Karina Garcia, in her official capacity as Bond Supervision Officer
Jurisdiction: The U.S. District Court for the Eastern District of Texas, Tyler Division
Partners: The Law Office of Charles W. Nichols, P.C.
IMPACT
On March 28, 2023, the court granted class certification to Plaintiffs. The case remains ongoing.
