News

United States Department of Justice “Dear Colleague” Letter

In March 2016, the U.S. Department of Justice’s Civil Rights Division and Office for Access to Justice sent a “Dear Colleague” letter to State Court Administrators and Chief Justices in each state clarifying the legal framework that governs the enforcement of fines and fees, including the importance of procedural protections and, in appropriate cases, the right to counsel.

A Proposal to End Regressive Taxation Through Law Enforcement

Across the country, jurisdictions have repurposed their police officers into revenue-generating agents through the assessment and enforcement of fines, fees, and seizures. In addition to the economic and legal burdens, …

The Price of Justice: Rethinking the Consequences of Justice Fines and Fees FY 2016 Competitive Grant Announcement

This annoucement outlines a grant program that provided funding to state and local governments and federally recognized Indian tribes to test ways to improve systems of criminal justice fines and fees.

Luse v. Sentinel Offender Services

The case alleged that Sentinel’s practice of requiring people under its supervision to pay for and undergo drug testing without a court order violated due process and constituted an unconstitutional search.

West Virginia Senate Bill 634: Second Chance Driver’s License Act

West Virginia Senate Bill 634 established the state’s second chance driver’s license program. The program allows for temporary stays of driver’s license suspensions and revocations so that people who have unpaid fines and fees can retain gainful employment and settle their court debt.

Louisiana House Bill 92: Repeals warrant recall fee collected to fund a misdemeanor jail in East Baton Rouge Parish

This bill allows people who were assessed and paid the warrant recall fee to apply for a refund of that money.

State Bans on Debtors’ Prisons and Criminal Justice Debt

This Note makes the case for considering state constitutional and statutory prohibitions on debtors’ prisons alongside Bearden v. Georgia claims in legal advocacy opposing excessive fines and fees.

United States v. City of Ferguson

The complaint alleged, among other things, that the City’s conduct related to the imposition and enforcement of fines and fees for traffic and other municipal code violations was unconstitutional.

McKee et al. v. City of Amarillo

Amarillo residents were jailed through the City’s “pay or lay” policy. It stated, “…except as otherwise provided, the Court shall require the defendant to remain in custody… until the fine, State imposed fees and other penalties are paid."

Personal Narrative: Rachel McKee

In 2015, Ms. McKee was arrested for failing to appear at hearings for traffic citations including speeding, driving without a valid license, and no insurance. After two days in jail, Ms. McKee appeared before the judge and pled guilty to all of the charges. Having no regard for her indigence, the court ordered her to pay $1727 in biweekly payments of $232.00. Ms. McKee had to pay $25 to activate the payment plan and make a down payment of $200.00.