Abstention in the Time of Ferguson
The author argues for an exception to the Younger v. Harris, 401 U.S. 37 (1971) abstention doctrine (Younger abstention) in cases challenging the criminalization of poverty.
Driver's License Suspension
Report on the Special Report on extreme poverty and human rights on his mission to the United States
This report presents the findings from a visit to the United States by the United Nations Special Rapporteur on extreme poverty, Philip Alston. He evaluated government programs and policies aimed to address extreme poverty according to the United States' human rights obligations.
“You Miss So Much When You’re Gone”- The Lasting Harm of Jailing Mothers Before Trial in Oklahoma
This report provides a brief history on the disproportionate rise of women’s incarceration in the US and in Oklahoma before explaining four kinds of barriers that prevent mothers from returning to normalcy after they come into contact with the system, with a particular focus on fines and fees.
[Bench Card] Monetary Obligations in North Carolina Criminal Cases
This bench card provides guidance to North Carolina judges regarding the imposition and collection of fines and fees in criminal cases. In particular, the bench card outlines the law as applicable to court costs, attorney fees, other fees, fines, and restitution, and highlights when each obligation applies as well as when and how courts can provide relief.
Minnesota HF 3357: Reduction or waiver of the criminal and traffic surcharge authorized; courts required to consider indigency or hardship before imposing fines, fees, or surcharges; and notice required.
This bill would allow courts to reduce or waive fines and fees imposed on defendants in criminal and traffic court, require courts to consider ability to pay before sentencing a defendant to pay a fine or fee, and require that traffic tickets inform recipients of the court’s ability to waive or reduce fines and fees.
Minnesota HF 3356: Public safety commissioner’s authority to suspend drivers’ licenses modified, retroactive driver’s license reinstatement provided, and technical changes made.
This bill would prohibit the suspension of driver’s licenses for nonpayment of fines and fees, provide for retroactive driver’s license reinstatement, and make a number of technical changes to relevant traffic enforcement activities.
Michigan Public Acts 43-50: Elimination of Driver Responsibility Fees; License Reinstatement
In Michigan, legislation that abolishes the state’s “driver responsibility fees” took effect on October 1, 2018. These fees were introduced in 2003 as a way to balance the state budget, and they have imposed a crushing burden on at least 350,000 drivers statewide.
How Chicago Ticket Debt Sends Black Motorists Into Bankruptcy
Filing for bankruptcy to avoid car impoundments and or a boot that immobilizes their vehicle has become a popular “remedy” for Chicago drivers who can’t afford to pay off debt from traffic tickets, parking violations, and vehicle compliance infractions.
The Excessive Fines Clause: Challenging the Modern Debtor’s Prison
This law review article makes the case that the Eight Amendment’s Excessive Fines Clause may be a better, albeit underdeveloped, provision to address the epidemic of debtor’s prisons.
Illinois House Bill 5340: License to Work Act
The “License to Work Act” identifies the scope and limitations of each government office’s suspension/revocation power, the reasons for which a driver’s privileges could be restricted, and which conditions allow a person to have their license restored.