The bail bond industry has opposed New Jersey’s reform effort, filing suit in federal court claiming that the right to cash bail is inherent in the Constitution’s Eighth Amendment and that some pre-trial release conditions violate the accused’s Fourteenth Amendment due process rights.
Attached herein are the initial appellate complaint, some of the amicus briefs filed, and the opinion rendered by the US Court of Appeals for the Third Circuit. The court concluded that after considering the standing of Holland and Lexington to bring suit, only Holland can make the challenge here. Further, the court noted that the question on the merits "key to Holland's contentions is whether there is a federal constitutional right to deposit money or obtain a corporate surety bond to ensure a criminal defendant’s future appearance in court as an equal alternative to non-monetary conditions of pretrial release." The court answered this question with a no, affirming the District Court's ruling.