In today’s Daily Journal [subscription], Second District Court of Appeal Justice Brian Hoffstadt writes about the recent First District, Division Two, In re Humphrey opinion that throws into doubt the entire California money bail system. The court held that, as to the habeas corpus petitioner in the case, “the court’s order, by setting bail in an amount it was impossible for petitioner to pay, effectively constituted a sub rosa detention order lacking the due process protections constitutionally required to attend such an order.”

The “hold my beer” reference in the column’s title concerns whether Humphrey is an example of a court overstepping its bounds by dealing with an issue that the Legislature is currently considering, i.e., whether the judicial branch is improperly telling the legislative branch, “Hold my beer.” (The column doesn’t answer that question.)

Bail reform is a high-profile issue in California — it figured prominently in Chief Justice Tani Cantil-Sakauye’s State of the Judiciary speech just two days ago — and in Congress, as well. Because of the significance of the issue and the statewide impact of the Court of Appeal opinion, Humphrey is likely to get the Supreme Court’s attention.

Neither the California Attorney General nor the San Francisco district attorney has filed a petition for review, but there have been several depublication requests — by the California District Attorneys Association, San Bernardino and Ventura Counties’ district attorneys, and the Golden State Bail Agents Association — and the DA Association also asked the court to grant review on its own motion, something it does occasionally. The court has routinely extended to May 24 its time to consider the request for sua sponte review.

In addition to the Humphrey case itself, the author of the column about the case — Justice Hoffstadt — might be one to watch. There’s no telling when Governor Jerry Brown might fill a long-vacant seat on the Supreme Court. There’s also nothing but educated guessing about whom the Governor might appoint; he said the search for a replacement is going well . . . in his own mind. But there are longer shots to be on the Governor’s shortlist than Justice Hoffstadt.

[May 3 update:  “Judge orders defendant in legal bail battle to be released from jail.”]