But some leaders have recently suggested that due process is a zero-sum game, where more due process means less public safety. In 2017, federal judge Lee Rosenthal found the practices unconstitutional, concluding that Harris County’s misdemeanor bail policy violated the Due Process Clause. That law required discovery at the time of a bail hearing — really prompt discovery — and it also required that most people arrested for misdemeanors be promptly released without having to pay for their freedom.