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Fant et al. v. City of Ferguson

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.

Nashville Community Bail Fund v. Howard Gentry

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.

Feenstra v. Sigler

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.

Edwards v. Leaders in Community Alternatives

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.

White et al. v. Shwedo et al.

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.

Hiskett v. Lambert

The Superior Court lacked the statutory authority to order that Hiskett bear the cost of electronic monitoring during his pretrial release.

State v. Lipski

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.

Contra Costa County Resolution No. 2019/522: Moratorium on the assessment and collection of certain adult criminal justice fees.

This resolution imposes an indefinite moratorium on the assessment and collection of certain criminal justice administrative fees charged by Contra Costa County, California. Specifically, the resolution addresses probation fees (including drug testing fees), public defender fees, and alternatives to incarceration such as electronic monitoring and work programs. 

People v. Evans

Given the significant differences in purpose and effect between victim restitution and the fines and fees at issue in Dueñas, the rule of Dueñas does not extend to victim restitution and a defendant’s ability to pay is not a proper factor to consider in setting a victim restitution award.
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