[From Our Partners] Changing the Initial Appearance Process in Three Sites
Pretrial release decisions are generally made during initial court appearances, often within 24 to 72 hours after arrest. These decisions play a crucial role in shaping jail populations. Even as many jurisdictions have shifted toward presumptive pretrial release, a continued reliance on restrictive conditions of release undermines progress. These practices have significantly increased local jail populations and disproportionately impacted BIPOC communities.
The Constitution does not guarantee an individual legal representation at initial appearance and as a result, local jurisdictions have the power to decide whether or not an individual is provided indigent defense at this stage. Often, this leaves individuals without legal representation to attempt to navigate and advocate for themselves.
As a part of their Safety and Justice Challenge participation, three jurisdictions—Cook County, Illinois; Lucas County, Ohio; and Multnomah County, Oregon—are treating these hearings as a meaningful and critical stage, regardless of its legal designation. CUNY ISLG funded Justice System Partners (JSP) to conduct a mixed-methods study of these three SJC sites where local defense agencies had led programs to systematically enhance due process for individuals at initial appearance. They have provided access to defense attorneys nearly immediately after jail booking, collected more information about the person prior to their initial appearance, and provided representation at initial appearances. By doing so, defense attorneys can make more informed and convincing release arguments to secure the fastest, least expensive, least restrictive pretrial release possible.
Using data both local courts and jails, process mapping data, and interview data, along with in-person observation data of initial appearances, this study aimed to understand how the strategies in each site impacted least restrictive pretrial release outcomes and their accompanying racial and ethnic disparities, enhanced due process, and reduced the use of and harmful effects of pretrial detention.
Key findings include:
Visits with defense counsel prior to initial appearance enhance transparency and due process
Defense attorneys are a necessary component of initial appearance and collecting information prior to initial appearance shows promising results in improving pretrial outcomes
In some of the sites, these strategies impacted pretrial release decisions, especially related to reduced use of financial conditions of release and reduced racial/ethnic disparities
Current practices around the initial appearance process impacts the wellbeing of everyone included in the process, including staff and support networks of individuals who are navigating the legal process
ABOUT THE SAFETY & JUSTICE CHALLENGE
In 2015, the John D. and Catherine T. MacArthur Foundation launched the Safety and Justice Challenge (SJC), a multi-year initiative to reduce populations and racial disparities in American jails. To advance knowledge development grounded in a research agenda that explores, evaluates, and documents site-specific strategies to safely and effectively reduce jail populations and address racial and ethnic disparities, the Foundation engaged the Institute for State & Local Governance (ISLG) at the City University of New York (CUNY) to establish and oversee an SJC Research Consortium. Consortium members are nationally renowned research, policy, and academic organizations collaborating with SJC sites to build an evidence base focused on pretrial reform efforts.