The Times Union is reporting Cohoes City Court Judge Thomas Marcelle issued an order February 3 challenging the constitutionality of the state's bail-reform statutes. The action potentially sets up the first legal battle over the newly enacted law that removed judges' discretion to set cash bail for a defendant in order to guarantee their return to court. Marcelle invoked the case of a man who has repeatedly failed to make court appearances in multiple counties, prompting the judge to issue bench warrants. Marcelo issued a 12-page decision questioning whether the Legislature had "exceeded its authority by mandating that a court may never impose cash bail in non-qualifying offenses even when it determines — based upon an individual assessment — that it is the least restrictive method to ensure a defendant's appearance." Assistant District Attorney Shanza Malik told Marcelle that her office took no position on the issue; the man's attorney, Jessica Gorman, said, "the law is the law." If Marcelle sets bail it would create the first test case involving a judicial order challenging the constitutionality of the state's bail-reform statute. Marcelle is a former Albany County attorney. Last year, his nomination for a federal judgeship was blocked by U.S. Sen. Kirsten Gillibrand, who cited Marcelle's record on reproductive rights. Marcelle withdrew his name from consideration for the federal bench. Read the full story in the Times Union.