Rosa v. Doe
Rosa v. Doe No. 21-2628, Nov. 20, 2023; WL 8009400 (2d Cir. 2023) Holding When assessing whether an incarcerated person qualifies for a waiver of filing fees in a federal …
Ability to Pay
Gideon at 60: A Snapshot of State Public Defense Systems and Paths To System Reform
In 1963, Gideon v. Wainwright established the Sixth Amendment’s right to counsel for indigent persons charged with felonies, which would later extend to misdemeanors and delinquency proceedings in juvenile court. …
Access to Justice Spotlight: Fines & Fees
In April 2023, the U.S. Department of Justice’s Civil Rights Division, Office of Justice Programs, and Office for Access to Justice issued a revised Dear Colleague Letter, which detailed seven …
California AB-645 Vehicles: speed safety system pilot program
The California legislature passed a bill allowing for the use of automated speeding cameras as a pilot program in 6 California counties: Los Angeles, Glendale, Long Beach, San Francisco, San …
Waiving Criminal Court Fees Prevents Harms of Civil Debt
North Carolina law allows judges to order the conversion of financial obligations to civil judgments. Although doing this may protect justice-involved people from driver’s license suspensions, an extension of probation, …
Forgotten But Not Gone: A Multi-State Analysis of Modern-Day Debt Imprisonment
The majority of states allow imprisonment as a direct result of failing to pay (FTP) court debt. This report presents findings from a three-state case study that sought to estimate the prevalence …
The Government Revenue, Recidivism, and Financial Health Effects of Criminal Fines and Fees
Beginning January 1st, 2014, Wisconsin imposed a $200 surcharge on misdemeanor defendants found guilty in the Milwaukee Circuit Court. This paper examines the economic impact of the mandatory surcharge and its …
Ten Principles of A Public Defense Delivery System
In 2002, the American Bar Association (ABA) adopted ten principles for policymakers, public defense administrators, and other stakeholders to assess their jurisdictions’ compliance with best practices for providing effective indigent …
Civil Rights and Equity of Legal Financial Obligations in North Carolina
Each state has an advisory committee on civil rights composed of members with diverse backgrounds, skills, and experiences that advise the U.S. Commission on Civil Rights on civil rights issues …
Understanding the Landscape of Fines, Restitution, and Fees for Criminal Convictions in Minnesota
In Minnesota, being charged and convicted of a crime can lead to a number of consequences, including arrest, incarceration, or probation, in addition to the often less visible financial consequences. …