WASHINGTON — Unindicted criminal defendants in Scott County, Mississippi, are being held without counsel and without any individualized bail hearing, ACLU lawyers argue in a class action lawsuit the organization was preparing to file on Tuesday night.
Octavious Burks was arrested more than 10 months ago in November 2013 for attempted armed robbery, possession of a weapon by a felon, disorderly conduct, and possession of paraphernalia.
According to the complaint, his $30,000 bail — which he cannot afford — was set with no individualized hearing. As such, he has been in the Scott County Detention Center since then. He has not been indicted in all that time.
Additionally, despite completing an Affidavit of Indigence and Application for Appointment of Felony Indigent Counsel on the date of his arrest, Burks has not been "formally appointed counsel" to represent him and will not be appointed counsel until he is indicted.
Joshua Bassett, the ACLU's second named plaintiff, fared similarly, according to the complaint. Arrested in January, his $100,000 bail — which he cannot afford — was set with no individualized hearing and he remains in the Scott County Detention Center, unindicted and unrepresented by counsel.
In addition to claimed violations of the right to counsel, the ACLU complaint, in which they are joined by the Roderick and Solange MacArthur Justice Center, claims the county and officials — including Senior Circuit Judge Marcus Gordon — are denying Burks, Bassett, and members of the class of their constitutional right to a speedy trial, right against excessive pre-indictment detention, and right to an individualized bail determination.
From The Complaint:
The case of Octavious Burks:
The case of Joshua Bassett:
The practices of Senior Circuit Judge Marcus Gordon:
ACLU claims the system means that people are detained because they are "too poor to afford bail":
ACLU highlight further risk caused by the "scarcity" of grand jury panels:
ACLU claims "calamitous" impact of denial of counsel:
ACLU seeks "systemic reform in Scott County":
