Mr. Clark was convicted of possession of a stolen motor vehicle and sentenced to 38 months in prison, and to pay $1846.62, which included a $500 fine – the maximum permitted under Washington law. Mr. Clark appealed asking for a review of the $500 fine.
The Municipal Court judge asks the defendants if they wish to pay or be put on a payment plan but rarely discloses the option of community service. If an individual asks for a payment plan, JCS sets the amount owed each month. No inquiry is made into the person’s ability to pay. The standard minimum payment is $140 per month.
The complaint alleged that impoverished city residents were jailed solely because of their inability to pay court fines and fees from traffic and other municipal violations.
Mr. Thompson was jailed for five days due to his inability to pay fines and fees. He was not informed of his right to request court-appointed counsel, and was ultimately not provided with counsel, nor a pre-deprivation indigency hearing prior to being jailed.
This case challenges the constitutionality of the warrant recall fee, letter fee, and failure to appear fee imposed by Ferguson Municipal Court, alleging that these fees were enacted for profit and not to promote the welfare of the public.
Unable to pay debt from traffic tickets, impoverished defendants were given the options of paying the debt immediately or sitting out their debt in jail at the rate of $50.00 a day. Those in jail were given the further option of performing janitorial services at the rate of $25.00 a day. No inquiry was made as to the defendant’s ability to pay.
The SPLC filed a lawsuit challenging Cleveland’s and Watts’ incarceration as a violation of the due process and equal protection clauses of the U.S. Constitution and the state constitution.
As the legislature did not provide that defendants bear the costs of DNA testing in the statute mandating DNA testing, the lower court had no basis to order Reyes to pay the testing fee and therefore erred in doing so.
Mr. Salinas was sentenced to five years in prison with court costs for injury to an elderly individual. He challenged the constitutionality of two of the fees imposed by the court: the abuse of children counseling fee and the comprehensive rehabilitation fee.
Mr. Blazina was sentenced to 20 months in prison for second degree assault. Attached to his sentence was over $3000 in fees and tens of thousands of dollars in restitution. The Washington Supreme Court held that individualized inquiries of the defendant’s current and future ability to pay must be made before imposing Legal Financial Obligations.