Ability to Pay Archives - Page 32 of 38 - Fines and Fees Justice Center

City of Slater v. State (Missouri)

This case challenged the constitutionality of a $3 surcharge imposed on litigants in municipal court for the sheriff’s retirement fund. The trial court dismissed for lack of standing. The appellants claimed to have standing as taxpayers, administrators, and as one who paid the surcharge.

Protecting vs. Policing: Indigent Defendants in Rhode Island’s Court Debt Collection Regime

This thesis paper investigates who is being jailed in Rhode Island for outstanding court debt, the impact of the 2008 legislative reforms, and the effects incarceration has on people’s lives.

White House Forum on Access to Justice Panel: Fines & Fees – At the Intersection of Civil and Criminal Justice

In this video recording of a White House Forum on Access to Justice panel, FFJC Co-Director Lisa Foster (then Director of the Office of Access to Justice at the Department of Justice) moderates a panel about how fines and fees in the criminal justice system can lead to a myriad of civil woes for low-income Americans.

Nelson v. Colorado

The question before the U.S. Supreme Court was whether the State is required to return court fines and fees paid upon conviction when the conviction is reversed on appeal. Both Petitioners’ convictions were reversed on appeal, and they sought a refund of the fines and fees they paid.

Complaint to the Department of Justice Regarding National Origin Discrimination in the First Parish Court of Jefferson Parish

After being convicted of traffic violations, the four complainants were sentenced to pay for and attend English classes and charged high fees for interpreter services in addition to court fines …

Disenfranchised by Debt

This report discusses how criminal disenfranchisement laws prevent millions of people from regaining the right to vote because they cannot afford criminal legal fines and fees.

High Pain, No Gain: How Juvenile Administrative Fees Harm Low-Income Families in Alameda County, California

At the time this report was written, by California law, counties were authorized to recoup the costs of their juvenile justice systems by charging administrative fees to juvenile defendants and their families. This policy report takes a close look at Alameda County’s system of administrative fees.

United States Department of Justice “Dear Colleague” Letter

In March 2016, the U.S. Department of Justice’s Civil Rights Division and Office for Access to Justice sent a “Dear Colleague” letter to State Court Administrators and Chief Justices in each state clarifying the legal framework that governs the enforcement of fines and fees, including the importance of procedural protections and, in appropriate cases, the right to counsel.

State Bans on Debtors’ Prisons and Criminal Justice Debt

This Note makes the case for considering state constitutional and statutory prohibitions on debtors’ prisons alongside Bearden v. Georgia claims in legal advocacy opposing excessive fines and fees.

United States v. City of Ferguson

The complaint alleged, among other things, that the City’s conduct related to the imposition and enforcement of fines and fees for traffic and other municipal code violations was unconstitutional.