Ability to Pay Archives - Page 5 of 40 - Fines and Fees Justice Center

How Fines and Fees Impact Families: Can Policies like the Child Tax Credit Help?

Low-income families burdened by court-imposed financial penalties often turn to high cost predatory services or forgo basic needs to avoid further legal consequences for nonpayment. In 2021, the Child Tax …

New Mexico HB 139: Eliminating Court Fees

The New Mexico Legislature approved a bill eliminating post-adjudication and bench warrant fees. The legislation also expands the definition of community service to encourage participation in job training, academic or …

Roberts Webb et al. v. City of Maplewood

On March 6, 2023, a federal judge approved a $3.25 million settlement in this class-action lawsuit brought against the City of Maplewood, Missouri. The suit alleged that the City regularly …

The Failed Promise of Installment Fines

When the Supreme Court reaffirmed, in 1970, that it was unconstitutional to incarcerate someone who is unable to pay a court fine or fee, it suggested that payment plans could …

Punishing the Poor: An Assessment of the Administration of Fines and Fees in New Mexico Misdemeanor Courts

Low-income people in New Mexico accused of minor crimes are often caught in a vicious cycle where they are jailed because they can’t afford to pay monetary sanctions. In 2018, …

Report to the Legislature: Online Infraction Adjudication and Ability-to-Pay Determinations

This report uses data from California courts that have adopted the MyCitations tool to evaluate the pilot program. As of January 1, 2023, over 66,000 ability-to-pay requests were submitted through …

Broken Rules: Laws Meant to End Debtors’ Prisons are Failing Nebraskans

Nebraska law has safeguards that should prevent people from being incarcerated solely because they cannot afford a fee or fine. Some include statutes that require considering a person’s ability to …

The Burden of Court Debt on Washingtonians

The majority of Washingtonians assessed legal financial obligations (LFOs) meet state indigency standards, and their low payment rates suggest their debts are uncollectible. In Washington, the inability to pay criminal …

State of Washington v. Eyman

Issue Whether courts must consider a person’s ability to pay a fine when determining whether the fine is excessive under the Excessive Fines Clause of the U.S. Constitution and the …

Increasing Justice In New York: How New York Could Go From Failing to First in the Nation on the Fines and Fees Justice Index

With dozens of fees and fines at every stage of the legal system, New York has created a two-tiered justice system that engulfs low-income people in the criminal legal system. …