Background: Beginning in 1838, Florida’s constitution allowed the legislature to disenfranchise felons. Effective January 8, 2019, Amendment 4 of the Florida constitution added a provision automatically restoring the voting rights …
County Clerks in Tennessee automatically suspend the driver’s license of persons who fail to pay their traffic debt within a 30-90 day window.
The City of Ferguson jails people when they cannot afford to pay their traffic debt and cash bonds for other minor offenses. No inquiry is made into the person’s ability to pay, no alternatives to payment are offered to the individuals, and no counsel is provided.
Individuals must pay their unrelated LaGrange Municipal court fines and fees before gaining access to basic utility services. Further, the City charges $50 for a public defender. Unable to pay for a public defender, most people plead guilty or nolo contendere.
The policies created by Gentry’s office require people to remain incarcerated until their trial unless the person(s) posting cash bonds on their behalf sign a form acknowledging, in writing, notice of and agreement to garnishment of the cash bond deposit.
The complaint alleges Judge Jared Sigler, Judge John Gerkin, and former Judge Curtis DeLapp (Judicial Defendants) failed to conduct inquiries into individuals’ ability to pay before imposing fines and fees or before sanctioning individuals for nonpayment.
Alameda County contracts with Leaders in Community Alternatives (LCA) to provide court-ordered GPS tracking and alcohol monitoring devices for people on pre-trial or home detention. Although LCA is supposed to charge fees on a sliding scale based on a person’s ability to pay, LCA does not adjust its fees based on a person’s actual financial circumstances and never informs people that reduced fees are available.
Plaintiffs allege that South Carolina’s policy and practice of suspending the driver’s licenses of individuals who cannot afford to pay traffic fines and fees without first holding hearings to determine an individual’s ability to pay and the willfulness of their nonpayment(s) punishes individuals for their poverty.
The Superior Court lacked the statutory authority to order that Hiskett bear the cost of electronic monitoring during his pretrial release.
Mark Lipski was charged with operating a vehicle with suspended registration. He requested appointed counsel, but the court advised him that he was not entitled to the assistance of appointed counsel because if convicted, he would be sentenced to pay a fine and not to serve a term of incarceration.