Ability to Pay Archives - Page 36 of 38 - Fines and Fees Justice Center

Michigan Supreme Court Ability to Pay Workgroup: Tools and Guidance for Determining and Addressing an Obligor’s Ability to Pay

Over the course of six months in 2014, the Michigan Supreme Court Ability to Pay workgroup examined the issue of ability to pay and published a report with tools, best practices, and recommendations for judges and court staff around nonpayment incarceration.

Municipal Violations: Last Week Tonight with John Oliver

In this video, John Oliver details the devastating impacts that low-income Americans suffer due to fines and fees and the involvement of private probation companies.

Personal Narrative: Roxanne Reynolds

Ms. Reynolds had started a new job and could not get time off to appear in court. She spent four days in jail before she was brought before the judge. She was fined $520, $662 in court costs, and received additional fees of $450 for her original failure to appear. No credit was given for the four days she spent in jail. Her options were to pay the $1632 total or be put on a payment plan supervised by JCS.

Reynolds et al. v. Judicial Correction Services, Inc. et al.

The Municipal Court judge asks the defendants if they wish to pay or be put on a payment plan but rarely discloses the option of community service. If an individual asks for a payment plan, JCS sets the amount owed each month. No inquiry is made into the person’s ability to pay. The standard minimum payment is $140 per month.

Jenkins v. City of Jennings

The complaint alleged that impoverished city residents were jailed solely because of their inability to pay court fines and fees from traffic and other municipal violations.

Thompson v. Dekalb County

Mr. Thompson was jailed for five days due to his inability to pay fines and fees. He was not informed of his right to request court-appointed counsel, and was ultimately not provided with counsel, nor a pre-deprivation indigency hearing prior to being jailed.

Reed v. City of Ferguson

This case challenges the constitutionality of the warrant recall fee, letter fee, and failure to appear fee imposed by Ferguson Municipal Court, alleging that these fees were enacted for profit and not to promote the welfare of the public.

Missouri SB 5: Modifies distribution of traffic fines and court costs collected by municipal courts

This Act significantly modifies various provisions related to local government revenue in Missouri, including the imposition and enforcement of fines and fees in municipal courts. The Act imposed a 20% cap on municipal court revenue from fines and fees everywhere in the state except St. Louis County, where the cap was 12.5%.

Unified But Not Uniform: Judicial Funding Issues in Alabama

This study explains how the current lack of uniformity in funding of Alabama’s courts, even after the 1973 establishment of the Unified Judicial System (UJS), warrants a second wave of reform.

The Debt Penalty: Exposing the Financial Barriers to Offender Reintegration

Contact with the criminal legal system often results in the assessment of fines and fees. For people who are indigent or subject to other financial obligations such as child support …