Bench Warrant Fees: A 50 State Survey of Another Hidden Tax in America’s Courts

Bench warrants are a legal mechanism for securing the arrest of someone who has violated a court order–often nonpayment of fines and fees or failure to appear in court. Though a bench warrant is not proof of a violation, the result is a person being taken into custody, and in many states, paying a warrant fee. 

To better understand how warrant fees contribute to the problem of funding government through hidden taxes, the Fines and Fees Justice Center (FFJC)  examined the statutes and regulations related to fees imposed on bench warrants in all 50 states. The report’s appendix outlines the statutory authorities FFJC identified in each state. More than half of the states have explicit statutory authorization to charge fees to individuals who have bench warrants; in the remaining states fees may be charged even without that authorization. Warrant fees function as a revenue-generating tax that disproportionately impacts communities of color and low-income earners and compounds the financial burden many people in the criminal legal system face. 

Key Findings: 

• 27 states authorize warrant fees by statute or rule.
  • Delaware is the only state to prohibit fees if the warrant is based on nonpayment of a fine, fee, or other court-imposed costs.
• 10 states mandate courts impose warrant fees.
• 11 states allow some discretion on whether to impose warrant fees.
• 6 states are silent or unclear on whether the fees are discretionary or mandatory.
• 8 states authorize warrant fees specifically for failure to pay a fine or fee.
• 11 states authorize warrant fees specifically for failure to appear at a court hearing.
• 4 states authorize fees to recall, clear, or cancel a warrant.
• Fees defined by statute range from $2 to $125.

View the full report to get specific information on each state and its statutes.