Ability to Pay Archives - Fines and Fees Justice Center

New York Should Re-examine Mandatory Court Fees Imposed on Individuals Convicted of Criminal Offenses and Violations

This report examines the current status of mandatory surcharges in New York, describes the impact of the surcharges on indigent defendants, and proposes legislative changes, including the elimination of the surcharges.

Cook v. Taylor

This class action alleges that Alabama’s driver’s license suspension practices violate equal protection and due process because people are being punished without any determination of their ability to pay.

Howard v. The City and County of Denver, Colorado

To be released from jail in Denver, a person must pay the bond and the bond fee. Payment of the bond alone is insufficient to secure the release.

UNDER PRESSURE: How fines and fees hurt people, undermine public safety, and drive Alabama’s racial wealth divide

This report examines in detail the collateral consequences of Alabama’s court debt system and explores the ways in which it undermines public safety and drives the state’s racial wealth divide.

Kansas Supreme Court: Ad Hoc Committee Report on Bonding Practices, Fines and Fees in Municipal Courts

This report was published by the Kansas Supreme Court following a rigorous assessment of Kansas municipal court practices. It advances 18 recommendations for judges and courts to more fairly and constitutionally impose and enforce fines and fees and outlines an implementation plan for reform.

Mendoza v. Garrett

This case challenges the state of Oregon’s policy of suspending the driver’s licenses of people who cannot afford to pay fines and fees for traffic violations.

Briggs v. Montgomery

This case challenges a marijuana diversion program operated by the Maricopa County Attorney’s Office. People who can afford to pay finish the program in 3 months. Those who can’t pay must stay in the program for at least six months or until they pay the fees owed, even if they have satisfied every program requirement other than payment.

Personal Narrative: Tina Marie Phares

Ms. Phares was convicted of failure to pay nine times and sentenced to 30 days in jail seven times. She entered a treatment program in 2017 and is now drug-free. In 2018, Ms. Phares completed three months of temporary work, bringing home her first paycheck since her son died. She still owes $15000 in court debt. No inquiry was ever made as to her ability to pay.

Mahoney et al. v. Derrick

Arkansas secures payment of court debt through incarceration, driver’s license suspensions, and probation, for which an additional fee is charged.

Ten Guidelines on Court Fines and Fees

The American Bar Association developed ten guidelines to ensure that fines and fees do not punish people disproportionately for their poverty.