A state appeals court heard arguments on Tuesday in a case that could shape how bail is decided across the country: whether a defendant has a right to see, and challenge, the scoring tool that helped send them to jail.
The tool, used in about forty counties, assigns each defendant a number from one to ten predicting their chance of missing a hearing or being re-arrested. Judges are not required to follow it. Defence lawyers say, in practice, many do.
“When a machine says ‘high risk’, it takes a brave judge to disagree,” the defendant’s attorney told the panel.
The vendor argues its formula is a trade secret. The state says the tool is advisory. The panel pressed both sides on how a judge could meaningfully weigh a score whose workings nobody in the courtroom can explain. A ruling is expected within weeks.
