El et al. v. 38th Judicial District et al.

In October 2021, the American Civil Liberties Union and the ACLU of Pennsylvania filed a class action lawsuit on behalf of six plaintiffs, challenging the unconstitutional incarceration of people facing probation and parole revocation proceedings in Montgomery County.

The lawsuit alleged that the county continued to violate both the Pennsylvania Constitution and the United States Constitution by incarcerating nearly every person accused of violating the conditions of their supervision for months until their revocation hearing and asked that Montgomery County hold prompt revocation hearings to assess probable cause and whether detention is necessary and appropriate, and that the court provide whatever relief it deems necessary to the class of plaintiffs named in the challenge.

In January 2026, the ACLU and ACLU-PA dismissed the lawsuit in the Commonwealth Court of Pennsylvania against Montgomery County after the county implemented a number of reforms to its probation and parole system. Since the lawsuit was announced, Montgomery County has created a Detention Hearing Officer ("DHO") program that has addressed many of the violations that prompted the lawsuit. Although Montgomery County’s policies on criminal legal reform are by no means perfect, a review of county data since the implementation of the DHO program shows that Montgomery County has provided detention hearings within five business days for 95% of cases with a scheduled detention hearing — a significant improvement from where the county was before.

Each case is different and may raise unique issues. People navigating the program should ask their attorney any other questions! Click below to download a flow chart on how to navigate Montgomery County’s DHO Program.