Judge Explains Catch & Release Policy
We see it time and time again, people with dozens of arrests to their names are picked up, taken to jail, and almost immediately released. While this “catch and release” policy may seem inexplicable, Judge Steven Mowery actually has a pretty good explanation for why it happens.
“Here’s the situation, people don’t realize it, but a defendant may have 77 charges, but 70 of those charges are misdemeanor disorderly conduct, and I can’t keep them. I can’t keep them in jail unless they are charged with something that’s jailable.”
As for more serious criminal cases, the judge said you could sometimes see a disparity on who is held in jail and who is let out on release because different judges may view situations differently. “A judge may think, “I don’t see this person as fitting the qualifications under the Ohio Revised Code on setting bail and bond.’ It’s interesting because we’ve got this issue on the ballot this year on November 8 to let the judges use public safety as a factor in setting bond.” He said that consideration is currently not in Ohio’s rules for considering bond. “The Ohio Supreme Court ruled that judges cannot consider public safety as an element for bond. Well, I do every day. Everybody that’s in front of me, I’m on the computer looking up their history.”
Judge Mowery says there are factors that the public doesn’t necessarily see that he’d like brought to light. “The county jail doesn’t want me to have someone in for six months on a misdemeanor because they are overpopulated all the time.”
The judge says he also has issues with the push for bail reform. “At these judicial conferences, they’re leaning on the judges saying ‘they’re innocent until proven guilty, to let them walk until they are convicted.’ Well, I don’t see it that way. I get a guy coming from Detroit and he’s got a bunch of heroin or crack or meth, and he’s got a prior history… I’m not going to let you go back to Detroit (so then) I gotta look for you. I’m gonna hold him on a high bond.”
