Court and Agency Rule Changes Archives - Page 2 of 3

Texas Chapter 175 Collections Improvement Program (1 TAC §175)

Starting in 2018, Texas’ Office of Court Administration (OCA) made changes to the rule that requires Texas counties and cities with a population of 100,000 or more to implement a Collection Improvement Program (CIP). The CIP webpage also includes a variety of sample language for court and program staff to use, including “Sample Payment Plan Application” and “Sample First Written Notice.”

Orleans Parish Juvenile Court Standing Policy on Juvenile Administrative Fees

In the summer of 2018, New Orleans became the first city in the South to abolish fees charged to youth involved in the juvenile justice system.

Order Authorizing Immediate Release of Defendants Arrested on Municipal Court Bench Warrants for Failure to Appear and Failure to Pay […]

In the summer of 2018, the top judge in Middlesex County, NJ ordered the release of individuals who were arrested and detained for failure to appear in municipal court over low-level offenses, like failure to pay parking tickets.

Missouri Rule 37.04 Supervision of Courts Hearing Ordinance Violations and Minimum Operating Standards for Missouri Courts: Municipal Divisions

This rule change adopts an appendix that defines minimum operating standards for municipal courts and their personnel to abide by. Several of these new minimum standards relate to fines and fees practices.

Kentucky Supreme Court Order 2017-07: Sliding scale of indigency

This court rule establishes a “sliding scale of indigency” and advises judges to reduce or waive fees that would pose an undue burden on defendants.

Arizona Supreme Court Administrative Order No. 2017 – 80: Facilitating the imposition and collection of court-ordered financial obligations

This new rule requires Arizona courts to offer payment plans for those who are unable to immediately pay their fines and fees.

Arizona Supreme Court Administrative Order No. 2017 – 81: Bench cards for ability to pay at sentencing in criminal and civil traffic cases […]

This new court rule approves the use of two bench cards to help judges determine defendants' ability to pay at sentencing and in collections.

Mississippi Rules of Criminal Procedure, Rules 26.6 and 27.3: Fine, Restitution, and/or Court Costs following Adjudication of Guilt.

Following litigation by the ACLU, the MacArthur Justice Center, and the Southern Poverty Law Center challenging debtor’s prisons in Biloxi, Jackson, and Corinth, the Mississippi Supreme Court made two changes related to fines and fees in its Rules of Criminal Procedure.

Mississippi Department of Public Safety declines to enforce statute that permits driver’s license suspension for failure to pay fines and fees

The Mississippi Department of Public Safety made a number of discretionary changes regarding driver’s license suspensions for unpaid fines and fees -- they stopped suspending licenses for nonpayment, restored licenses, and waived the $100 reinstatement fee for those drivers.

Virginia Supreme Court Rule 3B:2. Uniform Fine Schedule.

This rule creates a standardized schedule for fines that can be imposed without a court hearing (i.e., fines imposed by a clerk or magistrate after a motorist enters a written guilty plea and waives their court hearing). The rule provides that clerks and magistrates may not impose any fine amount that differs from this schedule, but the schedule does not restrict judges’ discretion in court hearings.