News

Personal Narrative: Maria

Maria was recently terminated from a job in her field of training, green construction, because her license was suspended for unpaid tickets, and she could not drive between job sites. With two kids and no job or savings, she is unable to pay the debt. Because the debt has been referred to a collections agency, she is also prevented from performing community service in lieu of payment. Her previous employer would hire her if her license was reinstated, but without a job or income to pay her debt, she has no way of getting her license back.

Edwards et al. v. Red Hills Community Probation, LLC

Red Hills Community Probation, LLC contracted with local governments to supervise probation. Defendants unable to pay their court fines and fees were placed on probation.

Personal Narrative: Andrew

Andrew, a 22-year-old single father, was working as a mechanic and making regular installment payments to the court on a couple of traffic tickets. A few months into the payments, his two-year-old son was diagnosed with leukemia.

State v. Clark

Mr. Clark was convicted of possession of a stolen motor vehicle and sentenced to 38 months in prison, and to pay $1846.62, which included a $500 fine – the maximum permitted under Washington law. Mr. Clark appealed asking for a review of the $500 fine.

Michigan Supreme Court Ability to Pay Workgroup: Tools and Guidance for Determining and Addressing an Obligor’s Ability to Pay

Over the course of six months in 2014, the Michigan Supreme Court Ability to Pay workgroup examined the issue of ability to pay and published a report with tools, best practices, and recommendations for judges and court staff around nonpayment incarceration.

Municipal Violations: Last Week Tonight with John Oliver

In this video, John Oliver details the devastating impacts that low-income Americans suffer due to fines and fees and the involvement of private probation companies.

Personal Narrative: Roxanne Reynolds

Ms. Reynolds had started a new job and could not get time off to appear in court. She spent four days in jail before she was brought before the judge. She was fined $520, $662 in court costs, and received additional fees of $450 for her original failure to appear. No credit was given for the four days she spent in jail. Her options were to pay the $1632 total or be put on a payment plan supervised by JCS.

Reynolds et al. v. Judicial Correction Services, Inc. et al.

The Municipal Court judge asks the defendants if they wish to pay or be put on a payment plan but rarely discloses the option of community service. If an individual asks for a payment plan, JCS sets the amount owed each month. No inquiry is made into the person’s ability to pay. The standard minimum payment is $140 per month.

Personal Narrative: Unknown (Missouri, Ferguson Report)

A woman received three citations during a single incident in 2013 in which she pulled to the side of the road to allow a police car to pass, was confronted by the officer for doing so, and was cited for obstructing traffic, failing to signal, and not wearing a seatbelt. The woman appeared in court to challenge those citations, was told a new trial date would be mailed to her, and instead received notice from the Missouri Department of Revenue several months later that her license was suspended.

Investigation of the Ferguson Police Department

After Michael Brown was shot by a member of the Ferguson Police Department, the Department of Justice’s investigation uncovered a pattern of racially discriminatory practices by the Ferguson Police Department which were primarily rooted in the city’s dependence on the criminal justice system to raise revenue. The publication of the Ferguson report is widely viewed as the start of the movement to reform fines and fees in the U.S.