This report identifies several promising issue areas for fines and fees reform in Arkansas, including nonpayment incarceration, driver’s license suspension for unpaid fines and fees, and probation fees. The authors interviewed 205 people who were charged and/or incarcerated over inability to pay fines and fees; performed court-watching in 8 counties; sent almost 300 records requests; and interviewed Arkansas criminal justice and social service stakeholders.
Chris S.’s driver’s license was suspended five times for failure to pay fines. He never received prior notice that his license was being suspended. He never had an opportunity to explain why it should not be suspended.
: Kimberly S. is a mother of three who battled to overcome drug addiction. She has been convicted of failure to pay 10 times in the last four years, each time incurring $450 to $670 in additional debt, and sentences of as much as 30 days in jail.
Ms. Phares was convicted of failure to pay nine times and sentenced to 30 days in jail seven times. She entered a treatment program in 2017 and is now drug-free. In 2018, Ms. Phares completed three months of temporary work, bringing home her first paycheck since her son died. She still owes $15000 in court debt. No inquiry was ever made as to her ability to pay.
Mrs. Mahoney was held for 42 days on a cash bail of $1315 because she was unable to pay a failure to appear charge. The charge was later dropped. However, to avoid imprisonment on a contempt charge, she pled guilty and this resulted in $20,000 additional debt.
Arkansas secures payment of court debt through incarceration, driver’s license suspensions, and probation, for which an additional fee is charged.
The plaintiff alleged that the two defendant-judges instituted an “Amnesty Program” that forgave fees owed by probation clients to the plaintiff, which interfered with the contractual relationship that existed between the plaintiff and its probation clients. Furthermore, the plaintiff alleged that the defendant judges used their judicial office and powers to unlawfully take plaintiff’s substantial property rights without due process of law.
Plaintiffs alleged that the Sherwood’s “hot check” court routinely jailed indigent persons unable to pay court fines and fees without inquiry into their ability to pay.