21
May
2026

California Supreme Court Affirms That Freedom Cannot Depend on Wealth

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FOR IMMEDIATE RELEASE: May 21, 2026
CONTACT: PDR-MediaRelations@sfgov.org

**PRESS STATEMENT**

SAN FRANCISCO — Last month, the California Supreme Court issued a ruling in the Kowalczyk case that provided clarification on when criminal courts in our state can hold a person in custody before trial. The unanimous Kowalczyk decision affirmed that it is unconstitutional to keep a person in jail simply because they cannot afford bail. The Court further held that people accused of misdemeanors or nonviolent, non-sex felonies cannot be detained pretrial through the use of unaffordable bail amounts. 

This ruling has broad implications for people currently jailed across California, including many clients represented by the San Francisco Public Defender’s Office, whose continued detention is now unlawful. In response, public defender offices statewide have begun filing motions to release individuals entitled to freedom under the California Constitution. Courts can no longer set bail to unaffordable amounts as a way to get around when the law entitles people to liberty. 

Here is a statement from elected San Francisco Public Defender Mano Raju:

“The Kowalczyk decision is a major victory for due process, fairness, and the presumption of innocence. For too long, courts have used unaffordable bail to keep people in jail before trial, even when they can safely return to their jobs, families, and neighborhoods while awaiting trial. The California Supreme Court has now made clear that people cannot be kept in jail pre-trial simply because they are poor, and that when bail is set, the amount must be based on a person’s ability to pay.

The San Francisco Public Defender’s Office is vigorously implementing this decision to protect our clients’ constitutional rights and to ensure that no one is subjected to illegal pretrial detention through unaffordable bail.

In recent years, prosecutors and law enforcement in San Francisco have increasingly treated poverty and substance use as matters for incarceration rather than public health intervention. Many of the so-called “quality-of-life” offenses driving these prosecutions are nonviolent and stem from unmet social and medical needs. The carceral system is not designed for, and does a poor job at, helping such individuals access effective, long-term treatment and stability. This has led to the dangerous overcrowding of our jails and has compounded the trauma of vulnerable people at great public expense.

The Kowalczyk decision could save taxpayers millions of dollars that would otherwise be spent jailing people unnecessarily before trial. Those resources should instead be invested in what truly makes communities safer: housing, healthcare, education, and job opportunities.”

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