Dade v. City of Sherwood
Plaintiffs alleged that the Sherwood’s “hot check” court routinely jailed indigent persons unable to pay court fines and fees without inquiry into their ability to pay.
Ability to Pay
Report and Recommendations of the Task Force on Fair Justice for All: Court-Ordered Fines, Penalties, Fees, and Pretrial Release Policies
Arizona Chief Justice Scott Bales established Arizona’s Task Force on Fair Justice for All to recommend reforms for the state’s fines and fees procedures. The report consists of 11 principles and 53 corresponding recommendations.
Rivera v. Orange County Probation
Orange County Probation Department sent a bill of $16,372 to a juvenile’s mother for reimbursement of reasonable costs of support while her son was in detention. The County sought $23.90 for each day of detention and $2199 in legal expenses. Doing her best to pay the debt, Rivera sold her house and paid $9508. Unable to pay the rest, she was served, and a default judgment of $9905 was issued against her for failure to appear. Ms. Rivera eventually filed for bankruptcy.
Baker et al. v. City of Florissant
In violation of due process rights, the City of Florissant jails people unable to pay court fines and fees without any inquiry into their ability to pay.
Alvarado v. Superior Court of California
The Superior Court of the County of Los Angeles referred people who owed court fines and fees for traffic tickets to the Department of Motor Vehicles (DMV) without any inquiry into the individual’s ability to pay. A referral to the DMV resulted in the suspension of the person’s driver’s license.
A Fine Scheme: How Municipal Fines Become Crushing Debt in the Shadow of the New Debtors’ Prison
As budgets tighten, municipalities have turned to fines and fees to fill empty coffers. The result is that the rich may walk away, while the poor must pay or stay.
Roberts et al. v. Black et al.
Fifteen percent of the Bogalusa City Court’s revenue is derived from court fines and fees. Judge Black gives indigent defendants the options of jail for nonpayment of fines and fees or the payment of an illegal $50 extension fee to buy additional time to pay their court debt.
Personal Narrative: Rozzie Scott
Rozzie Scott, a resident of Bogalusa, Louisiana was found guilty of stealing $5 worth of food to feed his family. Judge Black ordered him to pay $450 in court fines and fees.
Rubicon Programs, et al. v. Superior Court of California, County of Solano, et al.
Summary of the cause of action Solano County Superior Court routinely informed the DMV of persons who fail to pay their court fines and fees or fail to appear to …
Michigan Supreme Court ADM File No. 2015-12: Nonpayment incarceration, ability to pay
This order amends ten Michigan Court Rules to ensure that defendants are not incarcerated and probation terms are not extended because of unpaid fines and fees.