In re Donna Elaine Anderson
Plaintiff’s complaint requested that the Circuit Court for the County of Macomb take superintending control over the 38th District Court, requiring Judge Carl F. Gerds III to refrain from imposing pay or stay sentences on indigent defendants who are unable to pay their court debt. According to the complaint, Judge Gerd imposed the sentences without an ability to pay determination. Those unable to pay were jailed immediately. Community service was not offered as an alternative.
Holding
On March 8, 2016, Maycomb County Circuit Court ordered Judge Gerds to stop incarcerating indigent defendants unable to pay fines and fees.
You can read the full text of relevant court documents via the ACLU.
Recommended Articles
State of Iowa v. Pagliai
Issue Holding Facts Ronald Pagliai was charged in four separate cases for shoplifting. As part of a single plea agreement to resolve the cases, Paglia...
State of Iowa v. Pagliai
Ellinburg v. United States
Ellinburg v. United States
States Should Reduce or Eliminate Criminal Fines and Fees, Even Amid Challenging Fiscal
States Should Reduce or Eliminate Criminal Fines and Fees, Even Amid Challenging Fiscal
People v. Kopp
People v. Kopp
Priced Out of Freedom: Fees, Fines, and Representation in Parole & Probation Revocation
Priced Out of Freedom: Fees, Fines, and Representation in Parole & Probation Revocation