News

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Fleming filed writ of habeus corpus alleging he was unlawfully confined because his probation was revoked solely because of his indigency.

Denial of the Right to Counsel in Misdemeanor Cases: Court Watching in Nashville, Tennessee

ArchCity Defenders organized a court watching program at the Davidson County General Sessions Criminal Court in Nashville on Monday, September 12, 2016. The goal of the program was to learn more about the administration of right to counsel in misdemeanor courts in Nashville, and to learn if defendants were being incarcerated for inability to pay fines and fees.

Personal Narrative: Jane Doe (Tennessee)

She was a single black woman, age 37, with three children, ages 14, 10, and 8. Her disabled grandmother also lived with her. She worked two jobs to take care of her family and brought home just under $1200 monthly. After paying rent of $715, she had very little left to meet everyone’s needs. She reported having been to Court 1A five times in the past two years, facing charges of driving on a suspended license.

Biloxi Municipal Court Procedures for Legal Financial Obligations & Community Service

This bench card was created as part of a 2016 settlement agreement in Kennedy v. Biloxi, an ACLU lawsuit against the city of Biloxi, Mississippi, where defendants could avoid incarceration only if they paid their fines and fees immediately, in full, with cash.