Harris County
Overview
Harris County (Houston) is Texas’ largest county, as well as the state’s largest driver of people into local- and state-level incarceration. The county jail holds approximately 8,000 people on any given day, the majority of whom are legally innocent, awaiting trial; prosecutorial practices and an inadequate treatment infrastructure further push people into the justice system. Youth, too, have historically been failed by local practices, including over-policing in schools.
TCJE began making strategic strides in Harris County in 2011, but we formally expanded our office to the Houston area in 2014, hiring Jay Jenkins as our Harris County Project Attorney. Jay has worked to build coalitions and advocate for change in the local justice system, addressing issues like bail reform, alternatives to incarceration, youth justice, and more.
Fighting for Community Reconciliation
From 2011-2013, TCJE undertook an effort to build a working unity among Black and Immigrant communities in Houston, resulting in groups sharing stories of injustices, providing words of encouragement to each other’s communities, and standing in solidarity on pressing struggles – including at the Janitor’s Strike for a living wage, in efforts opposing privatization of the county jail, and by addressing the death toll of the Mexican Drug War during the Caravan for Peace’s stop in Houston. TCJE ultimately released a report – Harris County Communities: A Call for True Collaboration – Restoring Community Trust and Improving Public Safety – and held a town hall and panel discussion to build on the recommendations.
Participating in Local Coalition Advocacy
TCJE helped the Texas Organizing Project (TOP) draft the policy platform for Right2Justice, including the issues of youth justice and bail reform, and we have participated or co-sponsored various symposiums.
Providing "Know Your Rights" Trainings
TCJE collaborated with the Harris County Public Defender’s Office to provide interactive “Know Your Rights” presentations about police encounters and justice system involvement. We have conducted dozens of presentations, including during resident meetings at public housing complexes, at churches, in schools, and with other young people.
Fighting for Bond Reform
ADVOCACY WITH STATE AND NATIONAL ORGANIZATIONS: From 2015-2016, TCJE was invited to sit on a state-level advisory group to assist a standing committee of the Texas Judicial Council, which issued recommendations for Texas courts on enhancing public safety and social outcomes when making pretrial release decisions.
Separately, the Laura and John Arnold Foundation and John Jay College of Criminal Justice invited input into the development of a national pretrial research agenda that will be considered for future funding by the Foundation. TCJE submitted recommendations specific to the costs of commercial bail vs. pretrial release systems, and presumptive release on unsecured bond. Ultimately, TCJE was the only state group invited to submit recommendations from the field, alongside five national groups.
WORK ON TRANSITION TEAMS: TCJE's Jay Jenkins advocated for bail reform on the transition teams of Houston Mayor Sylvester Turner, Harris County Sheriff Ed Gonzalez, and Harris County District Attorney Kim Ogg, specifically around greater use of personal bonds or an amount below the bail schedule.
SUPPORT FOR LITIGATION AGAINST THE COUNTY: TCJE was supportive of the federal civil lawsuit filed against Harris County in 2016 for its unjust misdemeanor bond system. We provided the Civil Rights Corps (CRC) with data and other intelligence-gathering on the ground, and, in response to an op-ed by Michael Kubosh, a Houston City Councilman and bail bondsman, TCJE co-authored an op-ed with TOP about the current bail system promoting profit over justice. The federal lawsuit, which was formally settled in late 2019, increases access to personal bonds for approximately 85% of misdemeanor defendants. Jay is now assisting the individuals selected to serve as the Federal Monitor over the settlement, specifically by serving on the Community Working Group for the Monitor Team, which is advising the Team as it oversees the county’s compliance with the consent decree over seven years.
We separately worked with TOP and CRC to request and review videos of magistration hearings, finding damning video of judges mistreating defendants. Publication of those videos led Texas Senator John Whitmire to file complaints with the Texas Commission on Judicial Standards against three of Harris County’s five criminal magistrates for failing to issue personal bonds for indigent defendants, or even inquire about their indigency status. This, in turn, shed light on a longstanding practice wherein criminal and district court judges were directing magistrates to deny no-cash bond to all newly arrested defendants, in violation of state judicial conduct rules.
SUPPORT FOR LITIGATION AGAINST THE CITY: TCJE also supported a 2016 lawsuit filed by the Civil Rights Corps against the City of Houston. This suit was bolstered by jail booking data – captured by TCJE and our partners, resulting in plaintiff identification – that showed a lag between arrest/booking and the probable cause hearing. (While provision of the hearing may be the responsibility of the County, the City is liable for holding people for more than 48 hours without the hearing.) In 2018, a U.S. District Judge found that city officials intentionally destroyed evidence, which Jay called “an extraordinary ruling” against the city. In July 2020, the Houston City Council voted to settle the lawsuit and give plaintiffs $1.17 million in exchange for indemnity.
CALLING ATTENTION TO PRETRIAL NUMBERS: Since January 2020, TCJE and TOP have been issuing weekly pretrial reports to illustrate how Harris County’s felony judges are jailing thousands of people prior to trial simply because they cannot afford the money bail required for their release. The reports provide the daily average number of people detained prior to trial on each judge’s docket, and they highlight the hefty cost of pretrial detention to Harris County’s taxpayers. TCJE has been especially vocal about pretrial release in light of COVID-19, sharing data on the limited releases permitted by Harris County district court judges – who have left more than 6,000 people in jail awaiting trial – and pointing out the significantly high infection rates in the Harris County Jail compared to other locations.
HOLDING JUDGES ACCOUNTABLE: Beginning in September 2020, TCJE and researchers at Harvard University have been releasing individualized scorecards for some of Harris County's felony judges, pointing to pretrial detention rates and racial disparities.
Additionally, TCJE and Restoring Justice launched a series of monthly reports in September, showing the (sometimes low to nonexistent) rates at which Harris County district judges are assigning indigent defendants to the Public Defender’s Office, instead relying on private attorneys.
REPORT SERIES ON MEDIA BIAS: In October 2021, TCJE released The Real 'Bond Pandemic' – a new report analyzing local TV news stations’ coverage of bond. Specifically, we looked at 6 Houston-area TV stations to better understand their role in shaping false narratives around bond reform and the criminal legal system. We found that a significant share of these stations’ stories had a negative slant towards bond reform, that the stories were often misleading about the realities of misdemeanor bond reform in Harris County, and that the stories frequently quoted officials with a vested interest in a negative perception of reform – like the police, District Attorney’s Office, and Crime Stoppers of Houston – without including perspectives from advocates or impacted people. We accompanied the report with a blog post where you can view the key stats on the six TV stations we analyzed, read misleading articles with annotations from the authors, compare coverage that includes the most quoted local officials, and check out recommendations for reporters and news stations. We also launched a Change.org petition demanding unbiased media coverage of the criminal legal system.
In April 2022, TCJE released the second report in this series, called Materially Misleading, which analyzed articles run by the Houston Chronicle. We found that while the Chronicle provided balanced and informative coverage of bond reform, the newspaper sacrificed its impartiality by disseminating negative coverage of legally innocent defendants who were rearrested while released on bond. Similar to our first report, we found that most of the Chronicle’s crime coverage could be sourced to either law enforcement or the District Attorney’s Office – and when not quoting those sources, Chronicle reporters relied on organizations like Crime Stoppers of Houston, the former employer of District Attorney Kim Ogg; that organization regularly receives hundreds of thousands of dollars in donations from the District Attorney and law enforcement agencies, giving it a vested interest in the outcome of criminal cases. View the full blog post with recommendations.
Holding Local Judges Accountable
Three report series from TCJE and our partners shine a light on the justice system in Harris County. Individualized judicial scorecards show the percentages of Black, Hispanic white, and non-Hispanic white people jailed by each judge prior to trial, while reports on pretrial detention highlight the number of legally innocent people who are jailed every week in the county. Both report series are part of our Harris County team's advocacy for bail reform, which also includes support for ongoing litigation against the city and county. A third series explores indigent defense appointment rates to evaluate the use of the Harris County Public Defender's Office.
Please note: Since summer 2023, Harris County has paused the release of the data used to compile our judicial accountability reports. You can still view all of the historical data below, and keep an eye on this page for future changes.
Harris County Judicial Accountability Scorecards
In September 2020, TCJE and researchers at Harvard University began producing individualized scorecards for some of Harris County’s felony judges. The scorecards include the percentages of Black, Hispanic white, and non-Hispanic white defendants each judge detained prior to trial on their docket. The scorecards also compare each judge to other Harris County felony judges in terms of racial and ethnic disparities in detention rates and bond amounts. The reports track the cases in front of each judge where the defendant is held pretrial and rely on jail population data provided by Harris County. Note: Reports published prior to the week of January 24, 2021, have been re-uploaded with edited language for clarity.
Click to view scorecards by judge and year: 2020, 2021, 2022, 2023
Harris County Pretrial Detention Report Series
A weekly report series from TCJE and the Texas Organizing Project reveals that Harris County’s felony judges are illegally jailing thousands of people prior to trial simply because they cannot afford the money bail required for their release. The reports rely on jail population data provided by Harris County to rank each judge by the daily average number of people detained prior to trial on their docket. The reports also highlight the hefty cost of pretrial detention to Harris County’s taxpayers.
Click to view reports by year: 2020, 2021, 2022, 2023
Harris County Indigent Appointments Report Series
TCJE is partnering with Restoring Justice on a monthly report series showing the rates at which Harris County district judges are assigning indigent defendants to the Public Defender’s Office (PDO), which has the capacity to receive up to 20% of all district court indigent defendants. While an increasing number of judges are relying on the PDO, many judges are still opting to appoint private attorneys to such cases – despite research showing that private attorneys are less effective than the PDO, and that they exceed maximum recommended caseload limits. The reports draw from Harris County’s Indigent Defense dashboard. NOTE: Read our February 2023 blog post that shares more on these reports, including increased transparency around indigent defense appointments, and how those appointments have climbed since the release of our first report.
Click to view reports by year: 2020, 2021, 2022, 2023
Opposing Prosecutor Expansion
TCJE continually fights to reduce the overall front-end push of people into the justice system, including through fewer prosecutions. In February 2019, DA Kim Ogg asked the Harris County Commissioners for $20 million for 102 new prosecutors, claiming that additional prosecutors would help reduce high attorney caseloads and provide more opportunities for diversion. TCJE and TOP opposed the DA’s budgetary request, highlighting concerns with redirecting money from needed services, like mental health and substance use treatment.
TCJE's Jay Jenkins also testified in opposition at the Commissioner’s Court hearing, emphasizing the DA’s mandate of high bail requests in misdemeanor cases, arguing that prosecutorial policies annually ensnare thousands of people and put the immigrant community at risk, and recommending the more effective strategy of refusing to prosecute low-level charges.
Ultimately, the Commissioners voted 4-1 to reject the request.
Later in 2019, TCJE and 9 partners again opposed DA Ogg’s request for $7.4 million for 58 additional prosecutors through a letter to commissioners. Commissioners ultimately provided less funding than requested, limiting the number of new prosecutors.
Spotlighting Failures In Indigent Defense In Harris County
PAY-TO-PLAY EXPOSURE: TCJE’s Jay Jenkins worked with Economist Neel Sukhatme, Ph.D., a Georgetown University Law professor, to analyze the impact of campaign contributions on appointment of counsel in Harris County. We co-authored an academic paper – “Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment Right to Counsel” – that links defense attorneys’ financial donations to judges to increased appointments by those judges, as well as to worse representation by donor attorneys.
The paper was accepted for publication in the Duke Law Journal and was featured in The New York Times in mid-2020.
More specifically, this paper included an evaluation of more than 290,000 Harris County felony cases from January 2005 through May 2018 that involved assigned defense counsel. For the first time, we empirically showed that when appointing attorneys to represent indigent clients, elected judges in Harris County were far more likely to choose lawyers who had donated to their campaigns. We also found that defendants were more likely to end up in prison or jail, and received longer sentences on average.
Other key findings from the report are as follows:
- Judges in Harris County often accept donations as an apparent “entry fee” from counsel soon after they become eligible for indigent defense appointments.
- On average, judges assign their donors more than double the number of cases they assign to non-donors, a practice that is inconsistent with the “wheel” assignment system mandated by Texas law.
- Preferential assignment patterns enable donors to earn, on average, more than double the total attorneys’ fees of non-donors; the average donor earns $31,081 in attorneys’ fees from the donee judge–a more than 27-fold “return” on the campaign contribution.
- Donor attorneys are less successful than non-donors in attaining charge reductions, dismissals, and acquittals, or avoiding prison sentences for their clients. This may be due to donors taking on so many cases from their donee judges that they have less time to spend on each matter.
The article amplified an August 2019 article by Neena Satija in Texas Tribune/Texas Monthly about judges receiving donations from attorneys who practice in front of them.
Dr. Sukhatme presented the information to Georgetown faculty, and he and Jay co-presented it at a UT-Austin workshop in October 2019.
Then, in June 2020, Mr. Jenkins and Mr. Sukhatme presented the paper to the Texas Indigent Defense Commission, after which they were invited to be on a legislative workgroup in advance of the 2021 state legislative session.
CAPITAL DEFENSE ISSUES: TCJE evaluated over 5 years of visitor logs to the Harris County Jail – spanning January 1, 2015, to March 1, 2020 – with a focus on attorney visits to people charged with capital murder. Our analysis revealed several shocking facts regarding the representation of capital murder defendants in Harris County, the epicenter of American capital punishment.
Of the 603 defendants we studied:
- 51 individuals received no visits by an attorney during this period.
- 137 individuals were visited by an attorney less than once per year.
- 258 individuals were visited by an attorney less than twice per year.
- 56 individuals (less than 10% of cases) were visited by an attorney more than once per month.
- 12 individuals were convicted but never visited by an attorney.
In February 2024, we released these findings in an issue brief called Absentee Advocacy: Failures in Harris County’s Capital Representation System. This built on Death by Design, a December 2023 report series by the nonprofit Wren Collective (part 1, part 2) that highlighted the failures in how Harris County handles cases where a defendant is accused of capital crimes and potentially faces the death penalty or a life without parole sentence.
In TCJE’s issue brief, we pointed to our own past research on the “pay to play” system and how that perpetuates attorneys’ financial interests over effective counsel. And we ultimately called on Harris County leaders to establish a Harris County Capital Defender Office, per the Regional Public Defender Office (RPDO) model – this is already used in 186 Texas counties, and it’s proven to outperform private court-appointed lawyers. RPDO provides capital representation by assigning teams of 4 people in each case it receives, including two attorneys, an investigator, and a mitigation specialist, all of whom have training specific to capital cases.
We co-hosted a community town hall in Houston in February 2024 on attorney representation, called “Fighting for Liberty: Improving Indigent Defense in Harris County.” TCJE’s Jay Jenkins joined Jessica Brand [The Wren Collective], Geoff Burkhart [Texas Fair Defense Project], Anthony Graves [Peer Navigator Network], and Sasha Lagette [Pure Justice].
NOTE: This research is particularly relevant in light of a judge’s recent recommendation to overturn a death sentence in Harris county on the grounds that the defendant received insufficient legal representation. In the “extremely rare” and “highly unusual” filing, Judge Natalia Cornelio found that lawyers appointed to represent Jeffery Prevost failed to investigate critical information about the defendant’s background and upbringing, and that the lead attorney in his case was overburdened.
Promoting Alternatives to Incarceration
EARLY SUPPORT FOR DIVERSIONS: We have long fought to reduce the Harris County Jail population through advocacy for diversion programs (recommendations issued in 2012) and legislative testimony specific to safely right-sizing the jail’s population (provided to the House County Affairs Committee in 2014).
Furthermore, we have discussed criminalization and over-incarceration of the mentally ill – a significant problem in Harris County – with the United Nations Working Group on Arbitrary Detention.
SUPPORT FOR THE FIRST CHANCE INTERVENTION PROGRAM: In October 2014, then-District Attorney Devon Anderson partnered with certain law enforcement agencies to establish the First Chance Intervention Program (FCIP), a rehabilitative diversion program for people with first-time, Class B misdemeanor marijuana possession offenses. In 2015, TCJE and Rice University’s Baker Institute for Public Policy issued a report examining the FCIP and the potential societal, systemic, and financial benefits that would come with expanding the program to other offenses, including low-level theft and drug possession arrests. The Houston Chronicle followed up with an editorial echoing our arguments and citing our report. In late 2015, the District Attorney extended the FCIP to all law enforcement agencies in Harris County. Also importantly, the DA’s vocal message that marijuana is a low-level, nonviolent offense provided her with the opportunity to expand the program to first-time shoplifting arrests.
RELEASE OF REFORM BLUEPRINT: In 2015, TCJE worked with partners to develop A Blueprint for Criminal Justice Policy Solutions in Harris County, which provides recommendations related to the Criminal Justice Coordinating Council, the bail system, alternatives to incarceration, rehabilitation services, and reentry programs. We officially released it at a town hall event sponsored by the Earl Carl Institute for Legal & Social Policy at the Thurgood Marshall School of Law and the University of Houston Law Center, where we outlined action steps that community members could take to effect change at various points in the system.
Note: This blueprint served as an update to a report issued by the Justice Management Institute in 2009, which offered recommendations for reducing the jail population. Furthermore, the blueprint served as the template for the county’s successful 2016 application to the MacArthur Foundation for a Safety and Justice Challenge grant, which resulted in the county receiving $2 million over three years to reduce its average daily jail population; TCJE's Jay Jenkins went on to serve on multiple MacArthur grant-related committees to support Harris County’s efforts.
WORK TO ADDRESS KUSH: In 2017, when the use of synthetic cannabinoids (kush) was making alarming headlines in Houston, we teamed with the Baker Institute to co-author a report recommending decriminalization of kush possession and use, and diversion of individuals to the Houston Recovery Center. Following the report, the City’s use of the Homeless Outreach Team to divert these individuals (a recommendation from the report) helped address the underlying issues of homelessness and substance use in a more humane way.
RELEASE OF REPORT ON TREATMENT NEEDS: In 2019, TCJE and the Baker Institute released a report analyzing the availability of substance abuse treatment services in Harris County. Our findings were based in large part on surveys and in-person interviews of treatment providers. We found gaps in care in treatment, insufficient standards of care and limited outcome tracking, and challenges in the county’s ability to effectively connect people charged with drug offenses to drug treatment and other services – both due to insufficient community resources and the inherent inability of the justice system to handle people with unaddressed needs.
Fighting for Better Outcomes for Kids
ADDRESSING THE SCHOOL-TO-PRISON PIPELINE: We have been working to dismantle the school-to-prison pipeline in Harris County. We have analyzed data on students impacted by school policing, which has revealed stark racial disparities and troubling spending ratios on law enforcement compared to dropout prevention, college readiness, and parent and community engagement combined. We also released a report on school policing with ONE Houston and the ACLU of Texas, and we joined in co-hosting a “Teach-In” to get community input. We are currently working with area school districts to promote restorative strategies that keep kids in the classroom and on a productive path.
SUPPORT FOR "RAISE THE AGE": TCJE has joined with a coalition of Houston-area faith leaders and other advocates to support “Raise the Age” – which would increase the age of adult court jurisdiction from 17 to 18, and treat kids like kids. Texas remains one of three states left to raise the age.
SUPPORT FOR DUAL-STATUS YOUTH: TCJE's Jay Jenkins served on the Steering Committee and Oversight Committee of the Harris County Youth Collective, which works to support kids aged 10-17 in both the youth justice system and child welfare system – seeking solutions that help young people thrive in the areas of education, wellness, and the transition to adulthood. NOTE: The Youth Collective transformed into Collective Action for Youth.
ADVOCACY FOR YOUTH DECARCERATION DURING COVID-19: In light of COVID-19's impact on juvenile facilities over 2020 and early 2021, we and our partners held regular meetings with Harris County leadership – including the Harris County District Attorney’s Juvenile Division Chief and the Harris County Juvenile Probation Chief – related to reducing the population of detained youth. We also urged the Probation Department to partner with and resource community-based service providers, increasing the local capacity to care for kids being released from detention. We are thrilled that, in February 2021, Harris County formalized this effort through Texas’ first-ever Youth Justice Community Reinvestment Fund (comprised of funding initially earmarked for juvenile probation, as well as $2 million from the county’s General Fund), intended to ensure that investments in alternatives to detention flow directly into communities most impacted by juvenile detention, enabling under-resourced local providers to meet the unique needs of youth and families in their neighborhoods.
Building Transparency Through Our Data Dashboard
Our Harris County data dashboard, which we launched in 2018, puts data on disparities in Harris County’s justice system right at your fingertips to hold leaders accountable. The dashboard, created with January Advisors and with support from Microsoft Cities Team, overlays data from more than 800,000 criminal court cases with demographic information to create a comprehensive view of case outcomes in Houston – including the degree to which arrests are skewed in communities of color, how bail amounts differ, and individual judges’ sentencing decisions.
This dashboard has been used to evaluate Harris County’s marijuana diversion program – finding that it was successful in reducing the number of charges filed, but unsuccessful in reducing the dramatic racial disparities in marijuana cases. Furthermore, the Justice Collaborative and economist John Pfaff used our dashboard data to analyze DA Ogg’s practices and rebut claims of progress during her request for 102 new prosecutors. Grits for Breakfast has analyzed drug and other arrest data in making the case for needed reforms.
Nearby Work: Addressing the Legacy of Convict Leasing in Sugar Land, Texas
Reginald “Reggie” Moore was a former prison guard at the now-closed Central Unit in Sugar Land (Fort Bend County). He was long vocal about the city’s use of leased convicts in the late 19th and early 20th centuries. In 2011, after the Central Unit closed, Fort Bend County acquired the land and, in 2018, construction began on a new Career and Technical Center for Fort Bend ISD. Ultimately, 95 graves were found on the site – victims of the convict-leasing system. Reggie and TCJE's Jay Jenkins sought proper reburial of the bodies and historical designations.
As part of our work to call national attention to this issue, we have garnered press, Reggie and Jay co-founded the Convict Leasing and Labor Project, and we collaborated with Rice University to hold a symposium in April 2019, called “Capitalism and Convict Leasing in the American South,” featuring lectures from leading national experts on the history of convict leasing.
In 2020, we began holding a webinar series, called "History Exposed," on convict leasing, its history, and its legacy. During the first webinar, which we held on Juneteenth, we showcased a new report on convict leasing, produced by Hanna Kim on behalf of the Convict Leasing and Labor Project. Soon after, Reggie passed away, but the Convict Leasing and Labor Project has maintained the fight.
The webinars continued, with the second discussing women in Texas prisons; the third discussing the Bullhead Camp Cemetery and a new report on the Sugar Land 95, issued by Fort Bend ISD; and the fourth webinar discussing the lasting impact that convict leasing left on our deeply punitive and racialized criminal justice system.