Missoula v. Franklin
This case challenges the imposition of a surcharge by the City of Missoula that is not authorized by state law.
News
Virginia Supreme Court Rule 3B:2. Uniform Fine Schedule.
This rule creates a standardized schedule for fines that can be imposed without a court hearing (i.e., fines imposed by a clerk or magistrate after a motorist enters a written guilty plea and waives their court hearing). The rule provides that clerks and magistrates may not impose any fine amount that differs from this schedule, but the schedule does not restrict judges’ discretion in court hearings.
Unequal Justice Bail and Modern Day Debtors’ Prison in Nebraska
The imposition of bail and monetary sanctions on indigent Nebraskans has led to individuals held pretrial making up half of the state’s local jail populations, and others sitting out their …
Punishing Poverty: The high cost of probation fees in Massachusetts
Massachusetts’ probation fees disproportionately impact low-income communities and make it harder for people to succeed. People who can least afford additional fees are more likely to be on probation and …
Traffic and Criminal Procedure: Infraction Procedures Regarding Bail, Fines, Fees, and Assessments; Mandatory Courtesy Notices; and Ability-to-Pay Determinations
In response to the Judicial Council of California’s directives, the Traffic and Criminal Law Advisory Committees authored this report which includes a proposal for three new rules, a rule amendment, and related commentary from stakeholders regarding their proposal. The recommended rules concern procedures for bail, fines, fees, and assessments imposed for infraction offenses; mandatory courtesy notices; and ability to pay determinations.
Reinventing Community Corrections
This article discusses the history of criminal justice supervision and why parole and probation is an afterthought to some stakeholders when they consider rehabilitation programs for people convicted of crimes.
Massachusetts Supreme Court Rule 3:10: Assignment of Counsel
This court rule establishes new procedures for Massachusetts courts to determine defendants’ ability to pay and for courts to assess fees for public counsel based on that determination.
Out of Ferguson: Misdemeanors, Municipal Courts, Tax Distribution and Constitutional Limitations
In this five-part research paper, Professors from Saint Louis University’s School of Law examine the “economic impact of discriminatory municipal law enforcement” in St. Louis County, Missouri.
The Right to Counsel in Indiana: Evaluation of Trial Level Indigent Defender Services
In Indiana, federal and state constitutions entitle all adults or children found to be indigent and facing the possibility of incarceration on misdemeanors or felonies, the right to public counsel. …
Fleming v. Missouri Board of Probation and Parole
Fleming filed writ of habeus corpus alleging he was unlawfully confined because his probation was revoked solely because of his indigency.