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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.

Personal Narrative: Tomia

Tomia, 42, of Rapid City, is on disability for a degenerative genetic condition and has custody of her 17-year-old son who is on the autism spectrum. She said her driver’s license has been suspended since 2017 because she owes the state $4,000.

Proportionate Financial Sanctions: Policy Prescriptions for Judicial Reform

In this report, the Criminal Justice Policy Program (CJPP) at Harvard Law School proposes a framework where courts would impose means-adjusted fines as a proportionate sentence for an offense. The authors assert that by adopting the proposed recommendations, courts can ease or prevent the worst harms that excessive financial sanctions create for poor people without waiting for legislative reforms.

Rodriguez v. Mach

Plaintiffs argue that their Equal protection and Due process rights were violated because of the inadequate notices, lack of inquiry into their ability to pay, and the suspension of their licenses solely because of their inability to pay.
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