Rebellious lawyering empowers those affected by the issue to come up with solutions to their own problems. It should be a collective effort between the lawyers and legal services clients and community members from grassroots organizing groups.
This bill would limit a court's ability to suspend a defendant’s driver’s license, repeal a number of statutes that treat driver’s license suspension as an enforcement mechanism for unpaid fines and fees, and amend several other statutes.
McDonald had received several traffic tickets, including many for driving without a license, which he could not obtain due to financial holds. When McDonald went to court to take care of his tickets, the judge refused to give him community service even though McDonald lived below the poverty line. Instead, the judge put him on a payment plan for $50 a month.
In this report, the Oklahoma Justice Reform Task Force investigated Oklahoma’s exploding incarceration rates and the judicial policies that contribute to prison overcrowding. The Task Force used their analysis to develop 27 policy recommendations aimed at improving public safety by reducing recidivism and reforming sentencing policies.
This Oklahoma bill, which did not pass, would have amended statutes related to life without parole sentences, payment plans for fines and fees, and how the requirement of restitution can affect conditions of supervision.
This bench card, which can be modified for state and local jurisdictions, advises judges on how to sanction indigent defendants for nonpayment of fines and fees without resorting to incarceration, outlines procedural protections for defendants who are unable to pay, and outlines standards for determining indigence.
For individuals who are unable to pay their fines and fees, their total debt may be cited and entered into the district court judgement docket. A judge may also replace fines and fees with court-ordered community service (credited at a minimum rate of at least federal minimum wage), if community service doesn’t cause undue hardship.