Ability to Pay Archives - Page 4 of 11 - Fines and Fees Justice Center

Mecklenburg County District Court Bench Cards

The Mecklenburg County working group requested the assistance of Harvard Law School’s Criminal Justice Policy Program, which helped the group develop two bench cards. One bench card provides guidance for judges when imposing fines and fees; the other outlines a process for sanctioning defendants who fail to pay fines and fees.

Fines, Fees, and the Poverty Penalty

This issue brief discusses how fines and fees harm communities and puts forward several strategies that prosecutors can use to mitigate these harms.

Justice Derailed: A case study of abusive and unconstitutional practices in Colorado city courts

This case study of municipal courts in Colorado is based on a multi-year ACLU investigation which revealed that despite a bipartisan reform effort in the state legislature, many of Colorado’s municipal courts persistently ignore both constitutional standards and state law and continue to employ practices that punish defendants for their poverty.

Commonwealth v. Smetana

Appellant was held in contempt and incarcerated for failure to pay his court fines and fees without any inquiry into his ability to pay. The appellant mentioned that his sibling may be able to pay, but no further inquiry was made by the court. He was sentenced to thirty days imprisonment with credit for time served and a $200 fee to purge the contempt.

Arizona Supreme Court Administrative Order No. 2017 – 80: Facilitating the imposition and collection of court-ordered financial obligations

This new rule requires Arizona courts to offer payment plans for those who are unable to immediately pay their fines and fees.

Ability to Pay

Mecklenburg County District Court Bench Cards

Fines, Fees, and the Poverty Penalty

Justice Derailed: A case study of abusive and unconstitutional practices in Colorado city courts

Commonwealth v. Smetana

Driven By Dollars: A State-By-State Analysis of Driver’s License Suspension Laws for Failure to Pay Court Debt

Robinson v. Purkey

DiFrancesco v. Bullock

Thompson v. State of Florida

Kentucky Supreme Court Order 2017-07: Sliding scale of indigency

Arizona Supreme Court Administrative Order No. 2017 – 80: Facilitating the imposition and collection of court-ordered financial obligations