‘Do we value freedom?’ Getting out of jail in Charlotte is taking longer.
Some Mecklenburg County inmates spent extra time behind bars after being approved for release, lawyers and the local sheriff’s office tell The Charlotte Observer.
The late check-outs seem to be tied to eCourts, new records and case management software that launched in the county last month.
ECourts has promised to transform North Carolina’s legal system by moving masses of paper records online. It allows lawyers, judges and clerks to do much of their work from computers. And it lets residents view and even file some paperwork online.
But the system had major problems from the jump, critics say.
Delays leaving Mecklenburg jail
Releasing someone from the Mecklenburg County Detention Center typically involves jail staff and paperwork showing the inmate has been cleared to go home. After a person is arrested, the court sets conditions for their release — the most common of which is bail or bond money. If they’re deemed eligible for release, it usually takes place within a few hours.
At least 81 people who made a first appearance the week of eCourts’ launch saw delayed release, according to the local public defender’s office.
Of those:
52 were released within a day. Their average wait was about 10 hours.
Another 29 of the 81 required some troubleshooting before they could be released. Their average wait was 33 hours.
Many were charged with misdemeanors like second-degree trespass, probation violation or marijuana possession.
Though software and legal processes are at the heart of the concerns, there are bigger implications.
“It’s a matter of: Do we value freedom?” Chief Public Defender Kevin Tully said. “When somebody’s been authorized to be released from jail, there ought to be priority given in that release… without undue delay. Just because we value our freedom.”
And problems can snowball when people lose their jobs, miss rent payments and classes, he noted.
The delays could have legal consequences, too. A federal lawsuit alleges that eCourts has violated North Carolinians’ civil rights. A recent filing in that lawsuit says that “approximately” 66 people were detained “well beyond the point their conditions of release were satisfied,” just within the first four days of the software’s launch in Charlotte.
“Prior to eCourts, it would take, upon information and belief, anywhere from 2-4 hours for a detainee in Mecklenburg County to be released; but after eCourts, some people were held for 2-3 days despite having satisfied all conditions imposed on them by the justice system,” it says.
ECourts in Charlotte
The sheriff’s office has noticed problems, too, spokesperson Bradley Smith said.
“MCSO did run into issues that caused residents to wait longer to be released,” he said of launch week, later adding that delays were “still an issue.”
Chief District Court Judge Elizabeth Trosch referenced one issue in an Oct. 17 email to attorneys and others in the criminal justice system. That email was referenced in the lawsuit. Parts of eCourts’ software don’t reflect when someone’s release conditions have been modified, Trosch wrote.
The courthouse had found workarounds for that problem, she wrote.
The sheriff’s office is having to do more work for a routine process, Smith said.
“Sheriff’s Office staff has to do more research and contact the courts when information does not match,” he said.
He could not provide overall statistics on wait times, he said.
The AOC found that release orders were processing “appropriately,” spokesperson Graham Wilson said in an Oct. 26 email.
“The NCAOC is on-site and in communication with local officials to ensure the eWarrants system used by law enforcement is properly processing release orders from the court,” he said. “Our research found that release orders from the court are processing appropriately into eWarrants to inform law enforcement that release conditions have been ordered. Our staff continues to assist as needed to support the local release process, procedures, and forms.”
This story was originally published November 6, 2023 at 2:27 PM.