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.
News
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."
Thompson v. State of Florida
In Thompson v. State of Florida, the plaintiff, an indigent mother of three, had her probation revoked for failure to pay fines and fees.
Kentucky Supreme Court Order 2017-07: Sliding scale of indigency
This court rule establishes a “sliding scale of indigency” and advises judges to reduce or waive fees that would pose an undue burden on defendants.
Arizona Supreme Court Administrative Order No. 2017 – 80: Facilitating the imposition and collection of court-ordered financial obligations
This new rule requires Arizona courts to offer payment plans for those who are unable to immediately pay their fines and fees.
Phoenix Municipal Court’s Compliance Assistance Program
This report analyzes the first nine months of the Phoenix Municipal Court’s driver’s license reinstatement pilot - the Compliance Assistance Program (CAP) - and calculates the economic impacts of both the suspension and reinstatement of driver’s licenses on individuals and the Phoenix community, including wages and GDP.
Arizona Supreme Court Administrative Order No. 2017 – 81: Bench cards for ability to pay at sentencing in criminal and civil traffic cases […]
This new court rule approves the use of two bench cards to help judges determine defendants' ability to pay at sentencing and in collections.
Mississippi Rules of Criminal Procedure, Rules 26.6 and 27.3: Fine, Restitution, and/or Court Costs following Adjudication of Guilt.
Following litigation by the ACLU, the MacArthur Justice Center, and the Southern Poverty Law Center challenging debtor’s prisons in Biloxi, Jackson, and Corinth, the Mississippi Supreme Court made two changes related to fines and fees in its Rules of Criminal Procedure.
California AB 103 – Public Safety Omnibus (Budget Trailer Bill – Ends Driver’s License Suspension for Unpaid Fines and Fees)
California’s 2017 omnibus budget bill included a provision that ends the practice of suspending driver’s licenses for failure to pay fines and fees.
Texas SB 1913: Relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses.
This bill aims to improve the fairness of the Texas criminal justice system’s response to defendants’ inability to pay fines and fees in criminal cases, particularly in traffic and city ordinance violations.