Although one might overstate the case, there is a lot of national interest in improving the pre-trial release process in state courts. Chief Judge Eric Washington who recently finished his term as Chair of the Conference of Chief Justices has been passionately interested in the issue. Attorney General Holder has been issued in the issue. The Pretrial Insitute grows, but before anyone jumps to the conclusion that pretrial release will be soon miraculously reformed, pause, take a deep breath, and gather your senses. There are structural issues that inhibit reform. Frequently, there is no lawyer present when bail is set. Once set, it can be hard to get an honest re-evaluation and/or the damage is done. If you spent a few days in jail and as a result  lost your job, to be sure the reconsideration that led to your release is great, but the job may well still be lost. Douglas Colbert’s article is worth reading:

Colbert on Counsel at the Initial Bail Hearing

Douglas Colbert (University of Maryland Francis King Carey School of Law) has posted When the Cheering (for Gideon) Stops: The Defense Bar and Representation at Initial Bail Hearings (The Champion, June 2012, p. 10-14) on SSRN. Here is the abstract:

This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon’s anniversary to making certain that an accused’s right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar’s number one priority.