Ability to Pay Archives - Page 4 of 19 - Fines and Fees Justice Center

Personal Narrative: Tina Marie Phares

Ms. Phares was convicted of failure to pay nine times and sentenced to 30 days in jail seven times. She entered a treatment program in 2017 and is now drug-free. In 2018, Ms. Phares completed three months of temporary work, bringing home her first paycheck since her son died. She still owes $15000 in court debt. No inquiry was ever made as to her ability to pay.

Personal Narrative: Nikita Lee Mahoney

Mrs. Mahoney was held for 42 days on a cash bail of $1315 because she was unable to pay a failure to appear charge. The charge was later dropped. However, to avoid imprisonment on a contempt charge, she pled guilty and this resulted in $20,000 additional debt.

Mahoney et al. v. Derrick

Arkansas secures payment of court debt through incarceration, driver’s license suspensions, and probation, for which an additional fee is charged.

Ten Guidelines on Court Fines and Fees

The American Bar Association developed ten guidelines to ensure that fines and fees do not punish people disproportionately for their poverty.

Texas Chapter 175 Collections Improvement Program (1 TAC §175)

Starting in 2018, Texas’ Office of Court Administration (OCA) made changes to the rule that requires Texas counties and cities with a population of 100,000 or more to implement a Collection Improvement Program (CIP). The CIP webpage also includes a variety of sample language for court and program staff to use, including “Sample Payment Plan Application” and “Sample First Written Notice.”

Brown v. Lexington County

This case alleges that Lexington County operates a modern-day debtors’ prison pursuant to a Default Payment Policy and a Trial in Abstentia Policy.

Ray et al. v. Judicial Correction Services Inc. et al.

This suit against Judicial Correction Services in Alabama alleges that people were placed on probation without adjudication of their guilt nor sentenced to serve jail time.

Why journalists should cover local jails

In this article for The Poynter Institute, Al Tompkins underscores the importance of journalists covering local jails and suggests several coverage angles that journalists can use to convince readers to care more about incarceration at the local level.

WA State Courts of Limited Jurisdiction: 2018 Reference Guide on Legal Financial Obligations in Criminal Cases

This bench card is meant to educate Washington State judges about procedural protections owed to defendants who are ordered to pay fines and fees in criminal court.

Missouri v. Wright

Wright pled guilty to misdemeanor offenses of stealing and resisting arrest. He was sentenced to 90 days in jail and to pay costs including a Board Bill of $1358.28. Wright …