Ability to Pay Archives - Page 19 of 40 - Fines and Fees Justice Center

People v. Evans

Given the significant differences in purpose and effect between victim restitution and the fines and fees at issue in Dueñas, the rule of Dueñas does not extend to victim restitution and a defendant’s ability to pay is not a proper factor to consider in setting a victim restitution award.

Proportionate Financial Sanctions: Policy Prescriptions for Judicial Reform

In this report, the Criminal Justice Policy Program (CJPP) at Harvard Law School proposes a framework where courts would impose means-adjusted fines as a proportionate sentence for an offense. The authors assert that by adopting the proposed recommendations, courts can ease or prevent the worst harms that excessive financial sanctions create for poor people without waiting for legislative reforms.

Rodriguez v. Mach

Plaintiffs argue that their Equal protection and Due process rights were violated because of the inadequate notices, lack of inquiry into their ability to pay, and the suspension of their licenses solely because of their inability to pay.

Caliste v. Cantrell

Caliste v. Cantrell 937 F.3d 525 (5th Cir. 2019). Issue: Whether there is a conflict of interest when a magistrate responsible for bail decisions is also responsible for generating and administrating …

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.

Cain v. New Orleans

Plaintiff-Appellees were former criminal defendants in Orleans Parish Criminal District Court (OPCDC) who pleaded guilty to various criminal defenses and were assessed fines and fees. All were arrested for failure to pay their assessed fines and fees; bond was set at $20,000 each; and, they each spent between six days and two weeks in jail. The court’s collection of fines and fees funded about one quarter of the Judicial Expense Fund (JEF); the Judges had exclusive control over how the JEF was spent and generally used it for court staff salaries as well as other administrative and maintenance expenses.

Payment Plans As A Compliance Tool: Best Practices For Florida Courts

his brief describes the various ways in which payment plans are administered inconsistently across Florida’s counties. The author argues that these conflicting procedures breed confusion among people who have court debt, especially those who owe money to courts in different jurisdictions.

Catherine Harper, et al v. Professional Probation Services, Inc.

Defendants in the Gardendale Municipal Court are placed on probation when they are unable to pay court fines and fees in full. Professional Probation Services, Inc. (PPS) is the sole probation provider through a contract with the City and the Municipal Court judge. PPS charges a $40 monthly fee which is paid before the court’s fines and fees.

Digital Jail: How Electronic Monitoring Drives Defendants Into Debt

This article describes the fundamental issues with electronic monitoring by private companies through the experience a St. Louis, Missouri resident.

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.