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.
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.
Gina Harper et al. v. Professional Probation Services Inc. et al.
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.
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.
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.