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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.

Caliste v. Cantrell

Caliste v. Cantrell 937 F.3d 525 (5th Cir. 2019). Issue: Whether there is a conflict of interest when a magistrate responsible for bail decisions is also responsible for generating and administrating …

Cook v. Taylor

This class action alleges that Alabama’s driver’s license suspension practices violate equal protection and due process because people are being punished without any determination of their ability to pay.

Cain v. New Orleans

Plaintiff-Appellees were former criminal defendants in Orleans Parish Criminal District Court (OPCDC) who pleaded guilty to various criminal defenses and were assessed fines and fees. All were arrested for failure to pay their assessed fines and fees; bond was set at $20,000 each; and, they each spent between six days and two weeks in jail. The court’s collection of fines and fees funded about one quarter of the Judicial Expense Fund (JEF); the Judges had exclusive control over how the JEF was spent and generally used it for court staff salaries as well as other administrative and maintenance expenses.

Personal Narrative: Michael

Michael has been without a driver’s license since 2008. He was on a payment plan making payments on misdemeanor court fees he owed in Citrus County, Florida when an auto-draft of his checking account came one week early and Michael defaulted on his payment.
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