Government,
Criminal,
California Courts of Appeal
Apr. 30, 2020
Appeal panel says Judicial Council emergency no-bail rule does not remove judges’ discretion
“The Judicial Council did not intend to suspend the array of statutes governing bail, as well as the superior courts’ inherent authority,” the 4th District Court of Appeal panel ruled.
The Judicial Council's emergency zero bail rule does not remove judges' discretion to raise bail as they see fit, an appellate panel ruled Wednesday, rejecting the San Diego County public defender's argument the rule was meant as a mandate.
"The rule does not simply mandate zero bail for the covered offenses, irrespective of the particular facts of each defendant's case," wrote Justice
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Criminal Law and Procedure
Ayala v. Superior Court (People)
Under Emergency Rule 4, courts preserve their existing authority to increase bail from zero dollars; thus, superior court's implemented procedure was authorized.
