Lawsuit: Abbott overstepped his authority with bond order

AUSTIN (AP) — Gov. Greg Abbott overstepped his constitutional authority when he issued an order prohibiting bond for some criminal suspects during the coronavirus pandemic, according to a lawsuit filed Wednesday.

Abbott's order on March 29, which prohibits bond for anyone arrested on charges related to physical violence or with past convictions for violent offenses, came as officials across the state worked to mitigate the spread of COVID-19 in jails.

The lawsuit says the order unlawfully tries to remove discretion from judges about who can get bond. The American Civil Liberties Union of Texas and others filed the lawsuit in state district court in Travis County on behalf of Harris County misdemeanor magistrate judges, criminal defense organizations and the NAACP Texas.

The lawsuit says since social distancing is nearly impossible in jails, stakeholders have been working to reduce jail populations “in ways consistent with both state law and the safety of the community.”

The Texas Attorney General’s Office didn't immediately comment.

There have been more than 9,300 cases of COVID-19 in Texas and 177 deaths.

For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia.