Amicus Brief: Farella v. Anglin

The question before this Court is whether the District Court correctly ruled that (1) indigent defendants have a Sixth Amendment right to counsel at Appellant Judge Anglin’s bail determinations, and (2) that right was violated when counsel was not appointed before plaintiffs’ bail was set. Amici curiae offer this brief in support of the Appellees, to address the role defense counsel can and should play in connection with pretrial detention and bail setting proceedings.

The initial appearance, which in Arkansas is known as the “Rule 8.1 Hearing,” is a substantive proceeding that can determine a defendant’s qualification for pretrial release. At this point, the defendant is already “immersed in the intricacies of substantive and procedural criminal law.” Rothgery v. Gillespie County, 554 U.S. 191, 198 (2008) (citation omitted). Unrepresented defendants are ill-equipped to face these hearings without the assistance of counsel. At the same time, judicial officers making decisions about pretrial detention and bail benefit from the presence of defense attorneys, who can provide useful information regarding the defendants that the defendants themselves may be unprepared or unable to provide.

Many jurisdictions have already recognized, either by court decisions, by statute or in practice, that the participation of defense counsel in bail hearings is necessary to protect defendants’ constitutional rights and to ensure the integrity of the bail setting process. It is time for Benton County to catch up.