In re Humphrey and California Bail Reform
Courtney Burris served as a prosecutor in the underlying San Francisco case that became In re Humphrey, one of California’s most significant modern bail decisions. Her work included litigating the bail issue at the trial-court level before the matter ultimately reached the California Supreme Court.
Why Humphrey Matters
In 2021, the California Supreme Court held that a person may not remain detained before trial simply because that person cannot afford monetary bail. Courts must consider ability to pay, evaluate less restrictive alternatives, and make an individualized determination regarding whether detention is necessary to protect public or victim safety or ensure appearance in court.
The Humphrey Decisions
Trial Court — San Francisco Superior Court
People v. Kenneth Humphrey, San Francisco Superior Court Case No. 17007715.
California Court of Appeal — First Appellate District, Division Two
In re Humphrey (2018) 19 Cal.App.5th 1006, review granted May 23, 2018, S247278; Court of Appeal No. A152056.
California Supreme Court
In re Humphrey (2021) 11 Cal.5th 135, No. S247278.
Courtroom Experience Behind the Practice
The Humphrey litigation reflects the kind of constitutional and courtroom issues Courtney handled throughout her years as a prosecutor. The case required analysis of public safety, pretrial liberty, constitutional protections, and the practical operation of California’s bail system. Today, she brings that courtroom experience and constitutional perspective to her private practice.
Questions About Bail, Criminal Defense, or Constitutional Rights?
The Law Office of Courtney Burris provides individualized representation informed by years of courtroom experience.