Washtenaw County Prosecutor Leverages Capitol Hill Wisdom to Abolish Cash Bail in His Community
Washtenaw County Prosecutor Eli Savit discusses clerking for Justice Ruth Bader Ginsburg, why his office stopped requiring cash bail, his decision to repeal zero-tolerance policies, and the sentencing integrity and exoneration unit he is building to examine old cases where innocence is claimed.
About This Episode
Eli Savit is a nationally recognized attorney, public servant, and civil rights advocate who currently serves as the Washtenaw County Prosecutor. Prior to his term, he served as a law clerk to Supreme Court Justice Ruth Bader Ginsburg, was a civil-rights and public-interest attorney, and also had a career as a public-school teacher. In addition to serving as Washtenaw County’s Prosecuting Attorney, Eli is a faculty member at the University of Michigan Law School.
Eli has been an integral part of several major, successful civil rights and environmental initiatives in Michigan and across the country, including a successful effort to have the Michigan Civil Rights Commission recognize discrimination claims against LGBTQIA+ Michiganders, and assisting New Jersey, Maryland, and Puerto Rico in their quests to hold corporate polluters responsible for waterway contamination.
In this inspiring installment of Open Mike, Eli discusses his close relationship with late Justice Ginsberg, and how her tutelage helped inform his decision to carve out a career shaped by public service. Additionally, he and Mike consider the inherent problems with the American cash bail system (one of two for-profit bail systems in the world) and reflect on Eli’s recent, successful elimination of Washtenaw County’s cash bail program!
Show Notes
- Eli Savit’s background and bio as Washtenaw County Prosecutor.
- Welcome to the show, Eli! There was a prosecutor for how many years prior to you?
- How was taking over an office from someone who had been there for twenty-eight years?
- You were born and raised in Ann Arbor, went to U of M Law School, and were clerk for two United States Supreme Court Justices, is that right? Retired Justice Sandra Day O’Connor and late Justice Ruth Bader Ginsberg. That had to have been amazing — what was that like?
- The same-sex marriage case, Obergefell v. Hodges, wasn’t that a Michigan case?
- The way that last year went down with the former president getting that appointment… that was such a horrible way that went down, and I’m sure it was sad for Justice Ginsberg’s legacy. Do you have any opinions on that?
- After working as a clerk for two icons, you could have had any job that you wanted, ones that pay more lucratively. What was that thought process like?
- The way you chose to run your campaign, one of radical inclusivity, was really impressive. When I read that, I wondered how you were going to make everyone happy — I’ve never heard of a campaign like that! Can you take us through that?
- Let’s talk about cash bail… last year, we filmed an episode with two young ladies who are reforming the system via Bail Project Detroit… it was such an eye-opening thing for me as an attorney. You’re the first prosecutor I personally know who has eliminated cash bail. Could you explain to our viewers why you believe so strongly cash bail should be done away with?
- Entire states are now abolishing cash bail. Washington D.C. got rid of it in 1992, and New Jersey got rid of it in 2017. Crime rates in New Jersey subsequently plummeted.
- Research shows that people will still show up to court, even without cash bail as an incentive! Something like 90% of people show up to their court dates, either way. Is that what you’re finding in Washtenaw?
- After the bail situation, what are some other initiatives your office is working on?
- On the first day of his term, Prosecutor Savit banned all zero-tolerance policies in favor of adopting a more holistic, case-by-case approach to various crimes and conditions under which they occurred.
- On Open Mike, we’ve had at least ten guests who were wrongfully convicted. As a prosecutor, what does your office see as your role in helping to free innocent people who were wrongfully convicted in Washtenaw county?
- There’s a lot of discussion about blanket immunity which completely protects people from prosecution for crimes related to testimony they provide… what are your thoughts on blanket immunity for people who are bad actors in processes that result in wrongful convictions?
- We see a ton of jail house snitches and bad IDs from police misconduct… have these two areas of potential problems been examined by your office?
- Where did you teach in New York City?
- You’re doing so many amazing things in Washtenaw County, and I can’t commend you enough. I know it’s not easy, and I can’t thank you enough for your service. We’ll have you on in a year or two to touch base on all the incredible work you’ll have undoubtedly done. Thank you again for being on Open Mike!
- What a life, Eli is leading! Doing amazing things to change the criminal justice system for his constituents, and hopefully the world! Comment, like, and subscribe to Open Mike! We really appreciate you; stay tuned for new episodes coming up soon.
FAQs
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Why did Eli Savit eliminate cash bail in Washtenaw County?
Savit said cash bail means a poorer or working-class person accused of a less serious crime can sit in jail for days, weeks or months because they can’t afford to pay, while a richer person who may be truly dangerous can buy their freedom the next day. He said people who pose a threat should still be held before trial, but the amount of money in their bank account shouldn’t decide it.
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Does eliminating cash bail put public safety at risk?
Savit said other jurisdictions have already done it: Washington, D.C., eliminated cash bail in 1992 and New Jersey in 2017, after which New Jersey’s crime rate dropped dramatically. He cautioned that crime rates have many causes, but said criminologists largely attribute New Jersey’s decrease to removing cash bail because crimes committed out of desperation declined. He said the best evidence suggests ending cash bail actually promotes public safety.
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What was the first policy Eli Savit changed as prosecutor?
On January 1, his first day in office, Savit repealed all of his predecessor’s “zero tolerance” policies, which he said kept prosecutors from considering the human story at the heart of each case. His example: before he took office, a woman who told her partner she was going to end her life was found by police in a parked car with a gun, and because she had no concealed carry permit she was charged with a felony.
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What is the sentencing integrity and exoneration unit Eli Savit created?
Savit said the county allowed his office to hire someone on a temporary basis to lay the groundwork for a sentencing integrity and exoneration unit, which he hopes to make permanent. It is led by Frances Walters, formerly legal director of the Innocence Project of the Mid-Atlantic Region. The unit examines old cases where factual innocence is claimed, and Savit said that if evidence shows someone didn’t commit the crime, his office will go to court quickly to overturn the conviction.
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Does cash bail actually ensure defendants show up to court?
When Mike Morse said people show up in over 90 percent of cases regardless of bail, Savit agreed, saying a cash deposit is not what motivates people to appear. He said transportation to court, help with childcare and even text reminders are much more effective, and that if a financial incentive is needed, an unsecured bond can be used instead of demanding cash up front.
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