Ability to Pay Archives - Page 35 of 40 - Fines and Fees Justice Center

Colorado HB 16-1309: Concerning a defendant’s right to counsel in certain cases considered by municipal courts

This bill requires the Municipal Court to appoint counsel in certain circumstances, including if a defendant is in custody or faces the possibility of custody for nonpayment of fines and fees.

Why Motive Matters: Designing Effective Policy Responses to Modern Debtors’ Prisons

In this essay, Marsh and Gerrick challenge the most common justification for why debtors’ prisons still exist in present-day America: generating revenue to fund local government and courts. The authors argue that revenue generation is an “incomplete explanation” for debtor’s prisons and point to a variety of other factors that could help complete the picture.

Debtors’ Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System

This report documents how and when youth and families face fines, fees and restitution and the economic and legal consequences for failure to pay.

Nickel and Dimed into Incarceration: Cash-Register Justice in the Criminal System

The article provides an overview of criminal justice fines and fees; applies the Sixth Amendment jury trial right to these fines and fees; considers the question of “when criminal justice debt rises to the level of punishment; and suggests several solutions to the problem.

Vermont ACT 147: An act relating to driver’s license suspensions and judicial, criminal justice, and insurance topics

This Act modifies provisions related to driver’s license suspensions. Specifically, it (1) terminates suspensions imposed because of a person’s failure to appear on a criminal traffic offense charged before July 1, 1990.

Michigan v. Cameron

Defendant argued that the imposition of court fines and fees is a tax, violated the separation of powers doctrine, and failed to comply with the Distinct Statement Clause.

Fines, Fees, And Bail- Payments In The Criminal Justice System That Disproportionately Impact The Poor

This brief provides background information on criminal justice system fines, fees, and bail and argues that these costs disproportionately impact poor people.

Missouri SB 572: Modifies various provisions regarding municipalities located in St. Louis County, nuisance abatement ordinances, disincorporation procedures for various cities, and municipal courts

This Act reduces the amount of fees charged to individuals who receive a minor traffic or municipal ordinance violation and changes the procedure for charging fines and fees to people who receive minor traffic or municipal ordinance violations.

Whitner v. City of Pagedale

In Pagedale, MO, the local government was using arrest warrants to collect civil debt from municipal code violations. A suit against the city resulted in a consent decree that reformed the city's ticketing, housing code, and court systems.

Michigan v. Ghazi Salameh Marji

On appeal, the Court found, per curiam, a trial court may not revoke a defendant’s probation and send him to prison unless there is a finding that he or she has the ability to pay restitution and is in willful default.