News

Justice Derailed: A case study of abusive and unconstitutional practices in Colorado city courts

This case study of municipal courts in Colorado is based on a multi-year ACLU investigation which revealed that despite a bipartisan reform effort in the state legislature, many of Colorado’s municipal courts persistently ignore both constitutional standards and state law and continue to employ practices that punish defendants for their poverty.

Commonwealth v. Smetana

Appellant was held in contempt and incarcerated for failure to pay his court fines and fees without any inquiry into his ability to pay. The appellant mentioned that his sibling may be able to pay, but no further inquiry was made by the court. He was sentenced to thirty days imprisonment with credit for time served and a $200 fee to purge the contempt.

Ohio House Bill 336: Create driver’s license reinstatement fee amnesty initiative

This Ohio bill establishes the Reinstatement Fee Amnesty Initiative, a six-month driver’s license reinstatement fee debt reduction and amnesty program.

Driven By Dollars: A State-By-State Analysis of Driver’s License Suspension Laws for Failure to Pay Court Debt

In this report, Mario Salas and Angela Ciolfi analyze driver’s license suspension policies in all 50 states and describe the harmful consequences of “license-for-payment” systems.

Targeted Fines and Fees Against Communities of Color

The U.S. Commission on Civil Rights issued a landmark report detailing the disproportionate harms that communities of color suffer from fines and fees.

Personal Narrative: Demetrice Moore

Demetrice Moore is a certified nursing assistant and mother of two children. In 2002, she was convicted of grand larceny, and sentenced to jail and to pay court costs, including the cost of the lawyer appointed to represent her because she was indigent. She served her jail time, but was unable to pay the court costs she owed, which resulted in the automatic suspension of her Virginia driver’s license.

Discretionary Disenfranchisement: The Case of Legal Financial Obligations

States have the autonomy to strip convicted defendants of their voting rights and determine how and if they may be restored. Although most states restore voting rights at the end …

Local revenue structure under economic hardship: reliance on alternative revenue sources in California counties

Sanghee Park uses data gathered from California counties over an 11-year period to investigate how local economic conditions affect a jurisdiction’s reliance on fines and fees. Park argues that local governments attempt to generate revenue through fines and fees more often when their budgets suffer due to a lack of property, sales, and income tax revenue.

DiFrancesco v. Fox

Plaintiffs allege that defendant’s practice of suspending drivers’ licenses indefinitely until all court fines and fees are paid regardless of ability to pay violates equal protection and due process.

Personal Narrative: Jared

"The court fines for Virginia were $611 as well as a $150 driver's license reinstatement fee to the Virginia DMV. Once my case was transferred to Illinois, where I live, I was charged by my home county another $600 for probation services fees. In total, court fees cost me $1361."