Ability to Pay Archives - Fines and Fees Justice Center

Ten Principles of A Public Defense Delivery System

In 2002, the American Bar Association (ABA) adopted ten principles for policymakers, public defense administrators, and other stakeholders to assess their jurisdictions’ compliance with best practices for providing effective indigent …

Poverty Penalties as Human Rights Problems

Financial sanctions have led to widespread poverty penalties on low-income and vulnerable populations and are a domestic and international human rights concern. States disproportionately punish poor defendants when fines for …

City of Whitefish v. Curran

Issues 1. Can a court impose a fine on someone with a demonstrated inability to pay? 2. Is it an abuse of discretion to fail to offer alternatives to a …

Debt Sentence: How Fines And Fees Hurt Working Families

This report shares the results of a national survey of over 5,600 adults to see how court-imposed fines and fees affect people across the country.

United States Department of Justice “Dear Colleague” Letter (revised and updated)

On April 20, 2023 the U.S. Department of Justice’s Civil Rights Division, Office of Justice Programs, and Office for Access to Justice revised the 2016 Dear Colleague to include an updated discussion …

How Fines and Fees Impact Families: Can Policies like the Child Tax Credit Help?

Low-income families burdened by court-imposed financial penalties often turn to high cost predatory services or forgo basic needs to avoid further legal consequences for nonpayment. In 2021, the Child Tax …

New Mexico HB 139: Eliminating Court Fees

The New Mexico Legislature approved a bill eliminating post-adjudication and bench warrant fees. The legislation also expands the definition of community service to encourage participation in job training, academic or …

Roberts Webb et al. v. City of Maplewood

On March 6, 2023, a federal judge approved a $3.25 million settlement in this class-action lawsuit brought against the City of Maplewood, Missouri. The suit alleged that the City regularly …

The Failed Promise of Installment Fines

When the Supreme Court reaffirmed, in 1970, that it was unconstitutional to incarcerate someone who is unable to pay a court fine or fee, it suggested that payment plans could …

Punishing the Poor: An Assessment of the Administration of Fines and Fees in New Mexico Misdemeanor Courts

Low-income people in New Mexico accused of minor crimes are often caught in a vicious cycle where they are jailed because they can’t afford to pay monetary sanctions. In 2018, …