Jenner & Block Authors Amicus Brief on Cash Bail on Behalf of American Bar Association

On April 5, Jenner & Block filed an amicus brief on behalf of the American Bar Association (ABA) in Shannon Daves, et al. v. Dallas County, Texas, et al. in support of Plaintiffs’ challenge to Dallas County’s money bail system, wherein judges treated pre-set money bail amounts as binding and set bail in closed-door proceedings that lasted under 30 seconds.

The brief explains the ABA’s research and analysis on the subject of money bail.  It is the ABA’s position that money bail systems should not operate as de facto pretrial detention by detaining release-eligible defendants who cannot pay bail, and that money bail systems also must consider nonmonetary alternatives and ability to pay.  The ABA argued that money bail systems that do not follow these three principles can result in excessive, unjustifiable pretrial detention that harms the criminally accused and does not serve the fair and proper administration of justice.  For these reasons, the ABA asks the court to clarify that money bail systems should never operate akin to de facto pretrial detention, should always consider the least restrictive conditions necessary to ensure the accused’s release and reappearance, and should always take into account the accused’s ability to pay.

The Jenner & Block team includes Partner Lindsay C. Harrison and Associates Grace C. Signorelli-Cassady and Alexander E. Cottingham.  

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Jenner & Block Authors Amicus Brief on Cash Bail on Behalf of American Bar Association

On April 5, Jenner & Block filed an amicus brief on behalf of the American Bar Association (ABA) in Shannon Daves, et al. v. Dallas County, Texas, et al. in support of Plaintiffs’ challenge to Dallas County’s money bail system, wherein judges treated pre-set money bail amounts as binding and set bail in closed-door proceedings that lasted under 30 seconds.

The brief explains the ABA’s research and analysis on the subject of money bail.  It is the ABA’s position that money bail systems should not operate as de facto pretrial detention by detaining release-eligible defendants who cannot pay bail, and that money bail systems also must consider nonmonetary alternatives and ability to pay.  The ABA argued that money bail systems that do not follow these three principles can result in excessive, unjustifiable pretrial detention that harms the criminally accused and does not serve the fair and proper administration of justice.  For these reasons, the ABA asks the court to clarify that money bail systems should never operate akin to de facto pretrial detention, should always consider the least restrictive conditions necessary to ensure the accused’s release and reappearance, and should always take into account the accused’s ability to pay.

The Jenner & Block team includes Partner Lindsay C. Harrison and Associates Grace C. Signorelli-Cassady and Alexander E. Cottingham.  

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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