A federal judge has temporarily halted enforcement of a key part of a controversial cash bail law in Georgia that was set to take effect this week.
The law would have restricted individuals and advocacy organizations from posting charitable bail more than three times a year, while surety bonds, used by bail bond agents, would not be capped.
After the Atlanta-based Barred Business Foundation and two individual members of the Athens Area Courtwatch Project filed a lawsuit against Georgia Gov. Brian Kemp, U.S. District Judge Victoria Marie Calvert blocked Section 4 of Senate Bill 63 from taking effect for an additional 14 days.
John Cole Vodicka, a member of the Athens Area Courtwatch Project, celebrated the ruling, saying it will enable them to continue posting charitable bail while the injunction is in place.
“We were encouraged,” Vodicka said. “We believe [SB 63] is unconstitutional. We hope the judge will see it that way too, and in the coming weeks will rule it unconstitutional.”
So far this year, the Athens Area Courtwatch Project, in partnership with the Oconee Street United Methodist Church, has bailed 33 individuals out of jail who would otherwise not have been able to afford bail.
“Had this law been in effect on Jan. 1, we'd have been out of business on Jan. 31,” Vodicka said. The organization focuses on small bonds for individuals who cannot afford to post their own, sometimes posting bail as low as $1.
“The folks that we're bailing out almost all have been misdemeanor defendants," he added. “So they stay in jail only because they don't have the resources to purchase their liberty. The Court Watch Project is opposed to cash bail. We think it does discriminate because basically, if you're a person of wealth, you can purchase your way out prior to a trial, and if you're not, you stand a good chance of staying in jail pretrial, and losing your job, losing family, losing other resources that you might have.”
The ACLU of Georgia, who is representing the plaintiffs, also released a statement applauding the ruling.
“We are encouraged by the judge’s ruling and its recognition that this law is unnecessary, harmful, and likely unconstitutional,” ACLU of Georgia Legal Director Cory Isaacson said. “We are relieved for our Plaintiffs and the many people across the state that they serve. It's unconscionable that people doing charitable bail work would face criminal penalties simply because they are helping people who are languishing in jail because of their poverty and have no other means of relief.”
In addition to the charitable bail cap, SB 63 adds 30 additional felony and misdemeanor crimes to the list of bail-restricted offenses, meaning that those accused of crimes would be required to post cash bail. This portion of the law did take effect on July 1 as scheduled.
The enjoinment on the cash bail cap is currently set to expire on July 12, unless Judge Calvert rules to extend it further. However, resources for Georgia residents who cannot afford bail have already dwindled. In June, national bail charity The Bail Project announced that it was closing its Atlanta office in preparation for SB 63 taking effect.
Gov. Kemp’s office declined to comment, citing pending litigation. Attorney General Chris Carr's office did not immediately respond to a request for comment.
Maya Homan is a 2024 election fellow at USA TODAY, focusing on Georgia politics. Follow her on X, formerly Twitter, as @MayaHoman.
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