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Superior court officers describe bail rules, pretrial risk tool and why judges sometimes still set bail
Summary
Superior court Commissioner Casey Emmerich and Judge Jones explained Washington criminal-rule 3.2, the presumption of release on personal recognizance, and how pretrial risk reports inform but do not automatically determine release or bail amounts.
Superior court judicial officers explained to the Whatcom County Incarceration Prevention and Reduction Task Force’s Legal & Justice Systems Committee on May 13 how the courts apply state rules when setting bail and release conditions and why judges sometimes impose bail even when pretrial risk tools show low risk.
“Any person…shall be released on their personal recognizance pending trial unless the court determines that personal recognizance will not reasonably assure the accused’s appearance,” said Commissioner Casey Emmerich, citing Criminal Rule 3.2 and the Washington State Constitution, Article I, Section 20. She said judicial officers consider factors such…
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