Caliste v. Cantrell, No. 18-30954 (5th Cir. 2019)Annotate this Case
The Fifth Circuit held that the magistrate judge's dual role—generator and administrator of court fees—creates a conflict of interest when the judge sets an arrestee's bail, and therefore violates due process. Like the mayor in Ward v. Monroeville, the court held that because a magistrate judge must manage his chambers to perform the judicial tasks the voters elected him to do, he has a direct and personal interest in the fiscal health of the public institution that benefits from the fees his court generates and that he also helps allocate. Furthermore, the bond fees impact the bottom line of the court to a similar degree that the fines did in Ward. Accordingly, the court affirmed the district court's determination that the magistrate judge's institutional incentives create a substantial and unconstitutional conflict of interest when he determines the class's ability to pay bail and sets the amount of that bail.