This case challenged the City of El Paso’s payment policy for Class C misdemeanors – usually parking tickets.
This case challenged the constitutionality of a $3 surcharge imposed on litigants in municipal court for the sheriff’s retirement fund. The trial court dismissed for lack of standing. The appellants claimed to have standing as taxpayers, administrators, and as one who paid the surcharge.
In this video recording of a White House Forum on Access to Justice panel, FFJC Co-Director Lisa Foster (then Director of the Office of Access to Justice at the Department of Justice) moderates a panel about how fines and fees in the criminal justice system can lead to a myriad of civil woes for low-income Americans.
The question before the U.S. Supreme Court was whether the State is required to return court fines and fees paid upon conviction when the conviction is reversed on appeal. Both Petitioners’ convictions were reversed on appeal, and they sought a refund of the fines and fees they paid.
After being convicted of traffic violations, the four complainants were sentenced to pay for and attend English classes and charged high fees for interpreter services in addition to court fines …
At the time this report was written, by California law, counties were authorized to recoup the costs of their juvenile justice systems by charging administrative fees to juvenile defendants and their families. This policy report takes a close look at Alameda County’s system of administrative fees.
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.
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.
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.
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."