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Fowler v. Benson

Plaintiffs allege that the Michigan Department of State’s automatic suspension of driver’s license of persons who owe court fines and fees, regardless of their ability to pay violates due process and equal protection.

Ottawa County Resolution: reduced jail fees

Before this resolution was passed by the Ottawa County Board of Commissioners, the county was charging $25 per day to people detained in the Ottawa County jail. Under the new billing system, detainees will be charged a flat fee of $60 for their incarceration, regardless of how long they stay.

Personal Narrative: Adrian Fowler

Fowler’s license was suspended because she was unable to pay three traffic tickets, but she was never notified of the suspension. In the winter of 2013, her daughter developed a fever and she drove through an ice storm to take her to the hospital fearing the emergency vehicle services would take too long to come. On her way to the hospital, a police officer pulled her over. He allowed her to continue to the hospital but still issued a speeding ticket, which cost almost $600.00. She currently owes $2121 – an amount she simply could not afford.

Personal Narrative: Kitia Harris

Kitia Harris, a 25 year-old with an eight year-old daughter, suffers from interstitial cystitis, a chronic medical condition that makes her unable to work. Her driver’s license was automatically suspended because she owed $276 for unpaid court fines and fees.

Michigan v. Cameron

Defendant argued that the imposition of court fines and fees is a tax, violated the separation of powers doctrine, and failed to comply with the Distinct Statement Clause.

Michigan v. Ghazi Salameh Marji

On appeal, the Court found, per curiam, a trial court may not revoke a defendant’s probation and send him to prison unless there is a finding that he or she has the ability to pay restitution and is in willful default.
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