Ability to Pay Archives - Page 26 of 39 - Fines and Fees Justice Center

Commonwealth v. Smetana

Appellant was held in contempt and incarcerated for failure to pay his court fines and fees without any inquiry into his ability to pay. The appellant mentioned that his sibling may be able to pay, but no further inquiry was made by the court. He was sentenced to thirty days imprisonment with credit for time served and a $200 fee to purge the contempt.

Ohio House Bill 336: Create driver’s license reinstatement fee amnesty initiative

This Ohio bill establishes the Reinstatement Fee Amnesty Initiative, a six-month driver’s license reinstatement fee debt reduction and amnesty program.

Driven By Dollars: A State-By-State Analysis of Driver’s License Suspension Laws for Failure to Pay Court Debt

In this report, Mario Salas and Angela Ciolfi analyze driver’s license suspension policies in all 50 states and describe the harmful consequences of “license-for-payment” systems.

Discretionary Disenfranchisement: The Case of Legal Financial Obligations

States have the autonomy to strip convicted defendants of their voting rights and determine how and if they may be restored. Although most states restore voting rights at the end …

DiFrancesco v. Fox

Plaintiffs allege that defendant’s practice of suspending drivers’ licenses indefinitely until all court fines and fees are paid regardless of ability to pay violates equal protection and due process.

Thompson v. State of Florida

In Thompson v. State of Florida, the plaintiff, an indigent mother of three, had her probation revoked for failure to pay fines and fees.

Kentucky Supreme Court Order 2017-07: Sliding scale of indigency

This court rule establishes a “sliding scale of indigency” and advises judges to reduce or waive fees that would pose an undue burden on defendants.

Arizona Supreme Court Administrative Order No. 2017 – 80: Facilitating the imposition and collection of court-ordered financial obligations

This new rule requires Arizona courts to offer payment plans for those who are unable to immediately pay their fines and fees.

Arizona Supreme Court Administrative Order No. 2017 – 81: Bench cards for ability to pay at sentencing in criminal and civil traffic cases […]

This new court rule approves the use of two bench cards to help judges determine defendants' ability to pay at sentencing and in collections.

Mississippi Rules of Criminal Procedure, Rules 26.6 and 27.3: Fine, Restitution, and/or Court Costs following Adjudication of Guilt.

Following litigation by the ACLU, the MacArthur Justice Center, and the Southern Poverty Law Center challenging debtor’s prisons in Biloxi, Jackson, and Corinth, the Mississippi Supreme Court made two changes related to fines and fees in its Rules of Criminal Procedure.