The complaint alleges Judge Jared Sigler, Judge John Gerkin, and former Judge Curtis DeLapp (Judicial Defendants) failed to conduct inquiries into individuals’ ability to pay before imposing fines and fees or before sanctioning individuals for nonpayment.
The authors of this feature report detail the lived experiences of poor people sentenced to Mississippi’s restitution centers while they work to earn money to pay off court-ordered debts.
The Superior Court lacked the statutory authority to order that Hiskett bear the cost of electronic monitoring during his pretrial release.
Mark Lipski was charged with operating a vehicle with suspended registration. He requested appointed counsel, but the court advised him that he was not entitled to the assistance of appointed counsel because if convicted, he would be sentenced to pay a fine and not to serve a term of incarceration.
This class action alleges that Alabama’s driver’s license suspension practices violate equal protection and due process because people are being punished without any determination of their ability to pay.
Plaintiff-Appellees were former criminal defendants in Orleans Parish Criminal District Court (OPCDC) who pleaded guilty to various criminal defenses and were assessed fines and fees. All were arrested for failure to pay their assessed fines and fees; bond was set at $20,000 each; and, they each spent between six days and two weeks in jail. The court’s collection of fines and fees funded about one quarter of the Judicial Expense Fund (JEF); the Judges had exclusive control over how the JEF was spent and generally used it for court staff salaries as well as other administrative and maintenance expenses.
Joan is an Orlando, Florida resident whose license was suspended about six times between 2003 and 2017 for unpaid traffic tickets and court fees. Her most recent suspension from 2019 was due to lack of car insurance. Since many Florida courts do not grant payment plans, Joan has been burdened by late fees while struggling to pay her tickets to avoid having her license suspended.
Plaintiffs argue that by budgeting for revenue from fines and fees, Doraville creates a perverse incentive for the city’s police, prosecutors, and judges.
In this report, the Fund for Modern Courts lays out a comprehensive analysis of fines and fees-related due process violations in New York State town and village justice courts.
Nevada AB 434 makes several changes regarding collection of fines, fees, and restitution. Previously, the law allowed courts to enter a civil judgment; garnish property or wages; suspend driver’s licenses; and incarcerate defendants for nonpayment.