This law review article argues that fines and fees reformers’ emphasis on instituting ability-to-pay determinations without any reductions in racially discriminatory ticketing may cause more harm than good. In particular, the author articulates a concern that ability-to-pay determinations risk legitimizing the existing system of monetary sanctions and entrenching damages inflicted upon people deemed ‘able to pay.’
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.
This report examines the current status of mandatory surcharges in New York, describes the impact of the surcharges on indigent defendants, and proposes legislative changes, including the elimination of the surcharges.
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.
To be released from jail in Denver, a person must pay the bond and the bond fee. Payment of the bond alone is insufficient to secure the release.
This report examines in detail the collateral consequences of Alabama’s court debt system and explores the ways in which it undermines public safety and drives the state’s racial wealth divide.
This report was published by the Kansas Supreme Court following a rigorous assessment of Kansas municipal court practices. It advances 18 recommendations for judges and courts to more fairly and constitutionally impose and enforce fines and fees and outlines an implementation plan for reform.
This case challenges the state of Oregon’s policy of suspending the driver’s licenses of people who cannot afford to pay fines and fees for traffic violations.
Taja Collier was forced to sell blood plasma to pay diversion fees for a marijuana treatment program after being pulled over with a small amount of marijuana.
Ms. Phares was convicted of failure to pay nine times and sentenced to 30 days in jail seven times. She entered a treatment program in 2017 and is now drug-free. In 2018, Ms. Phares completed three months of temporary work, bringing home her first paycheck since her son died. She still owes $15000 in court debt. No inquiry was ever made as to her ability to pay.