Abstention in the Time of Ferguson
The author argues for an exception to the Younger v. Harris, 401 U.S. 37 (1971) abstention doctrine (Younger abstention) in cases challenging the criminalization of poverty.
Ability to Pay
Johnson, et al. v. Jessup
Plaintiffs allege that the North Carolina Division of Motor Vehicles automatically revokes the drivers’ licenses of people who do not pay their traffic tickets in full within forty days.
Brucker et al. v. The City of Doraville
Plaintiffs argue that by budgeting for revenue from fines and fees, Doraville creates a perverse incentive for the city’s police, prosecutors, and judges.
Monetary Myopia: An Examination of Institutional Response to Revenue From Monetary Sanctions for Misdemeanors
This study assesses the use of fines and fees for misdemeanor crimes in Nevada and Iowa to highlight the perverse incentives embedded in the practice of using courts as revenue centers. The article proposes the concept of “monetary myopia,” or a short-sighted focus on revenue at the expense of other concerns, to explain the states’ behavior.
Penalty Assessment Funds – California’s Penalties and Fees Provide Inconsistent Funding for State and County Programs and Have a Significant Financial Impact on Drivers
This report reveals that California programs and services supported by revenue from fines and fees have been compromised by low-income motorists’ inability to pay those fines and fees.
McNeil v. Community Probation Services
Community Probation Services, LLC and PSI Probation, LLC, for-profit probation companies, provide probation services for Giles County, Tennessee. The companies add their own fees and surcharges to the court debts of probationers.
Resolution Addressing Fines, Fees, and Costs in Juvenile Courts [Resolution and Bench Card]
The National Council of Juvenile Family Court Judges (NCJFCJ) passed a resolution advocating for the reduction or elimination of fines and fees in juvenile courts. The resolution was published alongside a judicial bench card that outlines types of financial obligations that youth and families may encounter in juvenile and family court, details the impacts of those obligations, and explains how judges can address fines and fees in their own courtrooms. The bench card includes several practice recommendations for juvenile and family court judges.
Minnesota HF 3357: Reduction or waiver of the criminal and traffic surcharge authorized; courts required to consider indigency or hardship before imposing fines, fees, or surcharges; and notice required.
This bill would allow courts to reduce or waive fines and fees imposed on defendants in criminal and traffic court, require courts to consider ability to pay before sentencing a defendant to pay a fine or fee, and require that traffic tickets inform recipients of the court’s ability to waive or reduce fines and fees.
The Excessive Fines Clause: Challenging the Modern Debtor’s Prison
This law review article makes the case that the Eight Amendment’s Excessive Fines Clause may be a better, albeit underdeveloped, provision to address the epidemic of debtor’s prisons.
Morales v. The City of Indio
This complaint alleges that the cities of Indio and Coachella outsourced the prosecution of some municipal code violations to a private law firm, Silver and Wright LLP.