This case challenges the imposition of a surcharge by the City of Missoula that is not authorized by state law.
This court rule establishes new procedures for Massachusetts courts to determine defendants’ ability to pay and for courts to assess fees for public counsel based on that determination.
Alameda County Court informed the California Department of Motor Vehicles when someone failed to pay their traffic debt. Failure to pay resulted in the suspension of the person’s driver’s license.
Fleming filed writ of habeus corpus alleging he was unlawfully confined because his probation was revoked solely because of his indigency.
This bench card was created as part of a 2016 settlement agreement in Kennedy v. Biloxi, an ACLU lawsuit against the city of Biloxi, Mississippi, where defendants could avoid incarceration only if they paid their fines and fees immediately, in full, with cash.
This report is the first publication in a three-part series entitled “Confronting Criminal Justice Debt: A Comprehensive Project for Reform.” It provides an overview of the many types of fines and fees that the criminal justice system imposes and the collateral consequences that can result from them, with a particular emphasis on racial and economic disparities.
This Guide for Policy Reform by Harvard Law School’s Criminal Justice Policy Program is organized into four issue areas: conflicts of interest, poverty penalties and poverty traps (when people are forced to pay more or face harsher sanctions because of their poverty), the ability-to-pay determination, and transparency and accountability. Under each of these sections, a description of the problem is followed by legislative, judicial, and executive reform suggestions for people at the state level to use and incorporate into their efforts.
This guide aims to inform litigators about various strategies to defend and gain relief for individual clients burdened by criminal justice debt. It also serves to foster communication and understanding among stakeholders who work in this particular area of the justice system.
This video provides an overview of the history of debtors’ prisons in the U.S. and features compelling commentary from citizens describing how our current system of court fines and fees put them in difficult situations and made them resort to desperate measures for survival.
Plaintiffs alleged that the Sherwood’s “hot check” court routinely jailed indigent persons unable to pay court fines and fees without inquiry into their ability to pay.