Ability to Pay Archives - Page 6 of 18 - Fines and Fees Justice Center

United States Systems of Justice, Poverty and the Consequences of Non-Payment of Monetary Sanctions: Interviews from California, Georgia, Illinois, Minnesota, Missouri, Texas, New York, and Washington

This report is a culmination of a year of research that involved interviews conducted with 380 people who made contact with systems of justice in eight states and were assessed 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.

Gina Harper et al. v. Professional Probation Services Inc. et al.

Defendants in the Gardendale Municipal Court are placed on probation when they are unable to pay court fines and fees in full. Professional Probation Services, Inc. (PPS) is the sole probation provider through a contract with the City and the Municipal Court judge. PPS charges a $40 monthly fee which is paid before the court’s fines and fees.

People v. Duenas

Velia Duenas, a homeless, married mother of two children, had her license suspended because she was unable to pay $1088 for three juvenile citations. She continued to drive, received three misdemeanor convictions, and spent 141 days in jail because she was unable to pay the fines.

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.

Ability to Pay

United States Systems of Justice, Poverty and the Consequences of Non-Payment of Monetary Sanctions: Interviews from California, Georgia, Illinois, Minnesota, Missouri, Texas, New York, and Washington

Fines, Fees, and the Poverty Penalty

Gina Harper et al. v. Professional Probation Services Inc. et al.

People v. Duenas

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

Commonwealth v. Smetana

Ohio House Bill 336: Create driver’s license reinstatement fee amnesty initiative

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