This article takes a look at the history of Virginia’s criminal legal system and the racist laws and policies that resulted in unfair treatment and harmful outcomes for Black Virginians. Although openly discriminatory laws have been repealed, their impact continues through policies that appear neutral but still lead to unequal outcomes—such as funding courts through fines and fees rather than general tax revenue. During the “tough on crime” era, courts increasingly assessed fines and fees for low-level offenses, and by 1987, 86 percent of lower court cases nationwide involved fines. Between fiscal years 1998 and 2011, at times, courts in Virginia collected fees that exceeded operating costs, with surplus revenue directed to other government functions. In 2024, Black Virginians—who make up 18 percent of the state population—accounted for 33 percent of all assessed traffic and criminal fines and fees, totaling at least $84.4 million. Courts serving areas with the highest proportions of Black residents assessed substantially higher per-capita fines and fees than areas with the lowest proportions. Although progress has been made in recent years, the authors urge lawmakers to prioritize eliminating fines and fees and replace them with fairer revenue sources. Recent reforms include ending driver’s license suspensions for unpaid court debt (2020), extending the grace period before interest accrues (2021), and requiring courts to offer affordable payment plans (2025).
You can read the full text here.
Key Findings:
- Between FY1998 and FY2011, Virginia court assessments rose 38 percent after adjusting for inflation.
- Circuit court excess fee revenue (amounts collected beyond operating costs) more than tripled, from $17.7 million to $56.3 million between FY 2011 and FY2005.
- Courts serving areas with the highest proportion of Black residents (averaging 45 percent) assessed approximately $113 per capita in fines and fees, compared to about $75 per capita in areas with the lowest proportion (averaging 2 percent).
- Virginia’s statute of limitations for court debt collection extends 30 years for general district court cases and 60 years for circuit court cases; up to 25 percent of wages may be garnished for unpaid debt.