Brucker et al. v. The City of Doraville
Plaintiffs argue that by budgeting for revenue from fines and fees, Doraville creates a perverse incentive for the city’s police, prosecutors, and judges.
Ability to Pay
Court-Ordered Community Service: A National Perspective
Community service mandates date back to the late 1960s as an alternative to incarceration for nonviolent crimes. It has since evolved into a component of monetary sanctions or probation rather …
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.
Inherently Unstable: The History and Future of Reliance on Court-Imposed Fees in the State of Texas
In this article, Todd Jermstad argues that relying on court-imposed fines, fees, and costs to fund the court system in Texas is not financially feasible.
Fowler v. Benson
Plaintiffs allege that the Michigan Department of State’s automatic suspension of driver’s license of persons who owe court fines and fees, regardless of their ability to pay violates due process and equal protection.
Ficken v. City of Dunedin et al
Plaintiff James Ficken had grass over ten inches for about eight weeks during the summer of 2018 while he was out of town settling his mother’s estate. Without warning, he was hit with daily fines totaling $29,000. As a result of his inability to pay the $29,000 in fines, the City placed two liens on his property. Mr. Ficken requested a rehearing or reconsideration of the fines, but his request was rejected without explanation. He now faces imminent foreclosure because he does not have the money to satisfy the liens.
Johnson, et al. v. Jessup
Plaintiffs allege that the North Carolina Division of Motor Vehicles automatically revokes the drivers’ licenses of people who do not pay their traffic tickets in full within forty days.
New Data: Low Incomes – But High Fees – For People On Probation
The imposition of unaffordable probation fees punishes poverty and places them at risk of being jailed when they cannot pay. Most states charge monthly probation fees, while others use “reasonableness” …
Nevada Assembly Bill 434: Certain traffic offenses; payment of fines and fees; community service
Nevada AB 434 makes several changes regarding collection of fines, fees, and restitution. Previously, the law allowed courts to enter a civil judgment; garnish property or wages; suspend driver’s licenses; and incarcerate defendants for nonpayment.
Too Poor to Pay: How Arkansas’s Offender-Funded Justice System Drives Poverty & Mass Incarceration
This report identifies several promising issue areas for fines and fees reform in Arkansas, including nonpayment incarceration, driver’s license suspension for unpaid fines and fees, and probation fees. The authors interviewed 205 people who were charged and/or incarcerated over inability to pay fines and fees; performed court-watching in 8 counties; sent almost 300 records requests; and interviewed Arkansas criminal justice and social service stakeholders.