NEW ORLEANS—The U.S. Court of Appeals for the Fifth Circuit on Friday affirmed a federal district court decision requiring that bail hearings in Caldwell County, Texas, be open to the press and public. The Knight First Amendment Institute at Columbia University filed the lawsuit on behalf of The Texas Tribune, the Caldwell/Hays Examiner, and Mano Amiga in August 2023. The groups argued that bail hearings play a critically important role in the criminal legal system, and that their closure undermines the societal interests in open courts that the First Amendment protects. 

“This is a really gratifying result with enormous implications for bail hearings across Texas and beyond,” said Scott Wilkens, senior counsel at the Knight First Amendment Institute, who argued before the Fifth Circuit last month. “Public access to court proceedings is fundamental to the proceedings’ fairness and democratic legitimacy.” 

Caldwell County’s five magistrates adopted a policy of closing all bail hearings to the press and the public, and the county sheriff enforced this policy by denying access to all observers. The magistrates also did not provide the public with notice or an opportunity to object prior to closing proceedings. The plaintiffs argued that the First Amendment prohibits the blanket closure of bail hearings, and requires that before a court can close a bail hearing in a specific case, the court must provide the press and the public with notice and an opportunity to object. 

According to today’s decision, “Public access to bail hearings helps ensure … that courts act fairly and justly in setting bail. When courts hold private proceedings, ‘[t]hey can … avoid criticism and proceed informally and less carefully.’ Allowing public access encourages adequate preparation and, in turn, precision by the court. These assurances lead to ‘enhance[d] public confidence in the process and result’ of the justice system.”

“The Texas Tribune believes firmly in the public’s right to know what’s going on inside courtrooms, halls of government and other areas where the power of the state is exercised,” said Matthew Watkins, the Texas Tribune’s editor-in-chief. “We’re thrilled with the result of this case, and are proud to have been a part of it.” 

To ensure that Texans are empowered with the civic information they need to fully participate in democracy, The Texas Tribune reports on a broad range of legal issues relating to the criminal justice system, including county bail-setting practices and statewide bail reform efforts. For similar reasons, the Caldwell/Hays Examiner reports on local criminal legal issues, including excessive bail amounts, which keep defendants behind bars while awaiting trial. Mano Amiga’s advocacy work requires access to bail hearings to educate the public on the importance of local courts and to effectively administer its bail fund to help get people out of jail. 

“Access to bail hearings ensures people who are arrested are treated fairly and their ability to pay is taken into account in setting bail,” said Eric Martinez, executive director of Mano Amiga. “Even a few days in jail can lead to loss of jobs, vehicles, and housing—consequences that devastate families and communities of the accused and underscore the importance of their right to attend bail hearings."

“This decision is a victory for transparency, accountability, and freedom of the press” said Sam Benavides, Managing Editor of the Caldwell/Hays Examiner. “Independent publications like ours are committed to digging deep into issues of injustice in our communities, and today’s decision will enable us to continue to diligently and responsibly cover legal proceedings.”

Read the court’s decision here.

Read more about the case here.

Attorneys on the case include Wilkens and Jackson Busch of the Knight Institute and Camilla Hsu, senior policy attorney of the Deason Criminal Justice Reform Center.

For more information, contact: Adriana Lamirande, [email protected]