Debtors' Prisons Archives - Page 3 of 9 - Fines and Fees Justice Center

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.

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.

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.

Personal Narrative: Amy Marie Palacios

Amy Marie Palacios is a single mother with two children, who earned $20,090 in 2016 - below the federal poverty line for her three-person household. Her driver’s license was suspended in 2015 because she failed to pay the fine for a speeding ticket.

Personal Narrative: Nora Ann Corder

Ms. Corder drove to work with a suspended license because her job was her only source of income. She was stopped by law enforcement, received three new citations, and her car was impounded. As a result, she owed $1320 in fines and fees.

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.

Georgia State Conference of the NAACP et al. v. City of LaGrange, Georgia

Individuals must pay their unrelated LaGrange Municipal court fines and fees before gaining access to basic utility services. Further, the City charges $50 for a public defender. Unable to pay for a public defender, most people plead guilty or nolo contendere.

Arizona HB 2313: Sentencing; monetary obligations; fine mitigation

This bill makes several changes to the way Arizona courts impose and enforce fines and fees. In particular, it increases judges’ power to reduce fines and fees if a defendant is unable to pay and slightly reduces certain state surcharges.