Robinson v. Purkey [Robinson v. Long]
County Clerks in Tennessee automatically suspend the driver’s license of persons who fail to pay their traffic debt within a 30-90 day window.
Ability to Pay
Municipal Fines and Fees: A 50-State Survey of State Laws
This report, including an interactive map, provides a 50-state analysis of state laws that regulate municipal imposition and collection of fines and fees. The analysis is based on 52 factors, organized into 7 broad categories, that measure the extent to which state laws “prohibit, sustain, encourage or neutralize” municipal reliance on fines and fees.
Driving Toward Justice: How ending driver’s license suspensions for unpaid traffic tickets helps communities without impacting court collections
This brief describes reforms that were implemented after the San Francisco Superior Court’s decision to eliminate debt-based driver’s license suspensions.
Ethical Obligations of Judges in Collecting Legal Financial Obligations and Other Debts
This opinion from the American Bar Association addresses the obligations judges have to assess ability to pay when collecting fines and fees.
Georgia State Conference of the NAACP et al. v. City of LaGrange, Georgia
Individuals must pay their unrelated LaGrange Municipal court fines and fees before gaining access to basic utility services. Further, the City charges $50 for a public defender. Unable to pay for a public defender, most people plead guilty or nolo contendere.
Maryland HB 1178: Pilot Project for Income-Based Fines (Fair Fines Act of 2020)
This bill requires Maryland courts to establish a base fine for motor vehicle violations and use a formula to determine the amount an individual must pay.
Nashville Community Bail Fund v. Howard Gentry
The policies created by Gentry’s office require people to remain incarcerated until their trial unless the person(s) posting cash bonds on their behalf sign a form acknowledging, in writing, notice of and agreement to garnishment of the cash bond deposit.
Feenstra v. Sigler
The complaint alleges Judge Jared Sigler, Judge John Gerkin, and former Judge Curtis DeLapp (Judicial Defendants) failed to conduct inquiries into individuals’ ability to pay before imposing fines and fees or before sanctioning individuals for nonpayment.
If We Only Knew the Cost: Scratching the Surface on How Much it Costs to Assess and Collect Court Imposed Criminal Fines and Fees
This report investigates the amount of time and resources the court system spends to assess and collect criminal fines and fees.
Edwards v. Leaders in Community Alternatives
Alameda County contracts with Leaders in Community Alternatives (LCA) to provide court-ordered GPS tracking and alcohol monitoring devices for people on pre-trial or home detention. Although LCA is supposed to charge fees on a sliding scale based on a person’s ability to pay, LCA does not adjust its fees based on a person’s actual financial circumstances and never informs people that reduced fees are available.