Robinson v. Purkey
County Clerks in Tennessee automatically suspend the driver’s license of persons who fail to pay their traffic debt within a 30-90 day window.
Ability to Pay
DiFrancesco v. Bullock
Plaintiffs allege that defendant’s practice of suspending drivers’ licenses indefinitely until all court fines and fees are paid regardless of ability to pay violates equal protection and due process.
Thompson v. State of Florida
In Thompson v. State of Florida, the plaintiff, an indigent mother of three, had her probation revoked for failure to pay fines and fees.
Kentucky Supreme Court Order 2017-07: Sliding scale of indigency
This court rule establishes a “sliding scale of indigency” and advises judges to reduce or waive fees that would pose an undue burden on defendants.
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.
Arizona Supreme Court Administrative Order No. 2017 – 81: Bench cards for ability to pay at sentencing in criminal and civil traffic cases […]
This new court rule approves the use of two bench cards to help judges determine defendants' ability to pay at sentencing and in collections.
Mississippi Rules of Criminal Procedure, Rules 26.6 and 27.3: Fine, Restitution, and/or Court Costs following Adjudication of Guilt.
Following litigation by the ACLU, the MacArthur Justice Center, and the Southern Poverty Law Center challenging debtor’s prisons in Biloxi, Jackson, and Corinth, the Mississippi Supreme Court made two changes related to fines and fees in its Rules of Criminal Procedure.
Texas SB 1913: Relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses.
This bill aims to improve the fairness of the Texas criminal justice system’s response to defendants’ inability to pay fines and fees in criminal cases, particularly in traffic and city ordinance violations.
Draft memorandum about applicability of Bearden to plea sentences
This memorandum explains why Bearden v. Georgia applies to plea bargains. Mitali Nagrecha, the author, argues that this Supreme Court ruling applies whether a person is proven guilty, pleads guilty, or takes a plea bargain.
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.