Public Defender: Mayor Hopkins’ Comments are a Direct Attack on the Constitution

Public Defender: Mayor Hopkins’ Comments are a Direct Attack on the Constitution

I write in response to the July 13, 2025, news story entitled “Cranston Mayor Blasts ‘Liberal Judge’ for Releasing a Garden City Shooter on Bail.” The mayor’s comments are a direct attack on the United States Constitution. The right against excessive bail is a right guaranteed by the Eighth Amendment to the United States Constitution and Article I, section 8 of the Rhode Island Constitution.  

 

In this instance, the judge was required to set bail and to adhere to Rhode Island Court Rules and Bail Guidelines in doing so. According to Rhode Island Bail Guidelines Rule I, the purpose of bail is to assure that a defendant will appear in court and will keep the peace and be of good behavior while out on bail. Bail, by law, is not meant to be punitive and therefore cannot be excessive.  

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In Rhode Island, there is a presumption of personal recognizance (PR) bail and PR bail should be set unless doing so will not reasonably assure the presence of the defendant in court or if the defendant presents a danger to public safety. Only when PR alone is not sufficient should the court then consider additional non-monetary conditions. But these conditions, by law, must be the least restrictive possible to assure appearance in court and public safety.  

 

Monetary bail should ONLY be set when no other non-monetary conditions will reasonably assure the defendant’s appearance in court or assure public safety. When monetary conditions are set, the court is required to set forth the reasons for doing so on the record.  

 

When considering whether the accused is a flight risk and/or a danger to the community, the Judge considers a number of factors such as age, employment, time spent in Rhode Island, marital status, number of dependents, education level, prior criminal record including the defendant’s record of appearing in court for those past charges, financial resources, ties to this community, and ties to other communities.  

 

This judge did his job. He exercised independent judicial discretion based on the facts presented to him at the arraignment. The bail guidelines in this state provide that for criminal allegations such as these, where the most serious charge carries a maximum penalty of 20 years in prison, bail shall not exceed $20,000 with surety absent a showing of special circumstances. Here, the judge set bail at $100,000 with surety, which is five times more than the amount set forth in the guidelines. Even if one were to argue that this defendant could potentially be sentenced to more jail time because he has multiple charges, the bail guidelines indicate that bail shall not exceed $50k with surety. So, even taking this "liberal" look at the bail guidelines, bail was set at double the amount provided in the guidelines.  

 

Constitutional protections such as the Eighth Amendment, the Sixth Amendment right to counsel, and the Fifth Amendment right against self-incrimination are bedrocks of our criminal justice system. These rights, along with the presumption of innocence, are guaranteed to everyone. While Mayor Hopkins enjoys the Freedom of Speech, as a public official this must be balanced with the need to protect the judiciary from such political influence. Criticizing judges in a way that undermines their authority disrupts the balance between the three branches of government and erodes the public’s confidence in our judicial system, especially when the criticism is unfounded.