SALT LAKE CITY — A federal judge has rejected a lawsuit brought by a group of people challenging Utah's bail system.
In a ruling issued last week, U.S. District Court Judge David Nuffer granted a request by the Utah Attorney General's Office to dismiss the lawsuit. Six people sued, alleging the bail that judges in Beaver, Iron and Carbon counties set in their cases made it difficult for them to get out of jail while they faced criminal charges.
"Plaintiffs’ stories are not dissimilar to many persons who remain in custody after a judge or magistrate sets a bail amount that the individual subsequently cannot afford. The feelings of unfairness are understandable: those with assets can afford release while those without cannot," Judge Nuffer wrote.
But he rejected their claims that the bail system in place by the state violated their constitutional rights.
"The Utah criminal procedure for an initial bail determination without counsel present does not violate the Sixth Amendment," Judge Nuffer wrote.
The Utah Attorney General's Office declined to comment on the ruling. Karra Porter, an attorney representing the six who sued, told FOX 13 News she was contemplating an appeal to a higher court.
The issue of bail has been a thorny one for the Utah State Legislature. Lawmakers introduced a massive series of reforms in 2020 that required criminal defendants to be detained with lesser-restrictive means available. The next year, lawmakers rolled back some of those reforms. It has prompted complaints that Utah's system is "wealth based" with those who can't afford bail being kept in jail longer.
In recent legislative sessions, lawmakers have attempted in bills to strike more of a balance.
