State of Iowa v. Pagliai
Issue Whether the parties in a criminal case can, by plea agreement, confer on the district court the authority to order defense counsel reimbursement fees in a dismissed case. Holding …
Due Process
People v. Kopp
Issue Whether Due Process and Equal Protection forbid a court from ordering payment of any financial obligation without first finding a defendant has an ability to pay. Holding A challenge …
2025 Legislative Roundup Part 3: Ability-to-Pay Practices
This is the third of our four-part Legislative Roundup series, which offers an in-depth analysis of each core area of FFJC’s reform efforts including: debt-based driver’s license restrictions, state and …
Post-Ferguson Class Action Suits Challenging Fine and Fee Schemes in Missouri
Post-Ferguson Class Action Suits Challenging Fine and Fee Schemes in Missouri In 2014, when a police officer in Ferguson, Missouri shot and killed Michael Brown, the City of Ferguson …
United States Department of Justice “Dear Colleague” Letter (revised and updated)
On April 20, 2023 the U.S. Department of Justice’s Civil Rights Division, Office of Justice Programs, and Office for Access to Justice revised the 2016 Dear Colleague to include an updated discussion …
Parham v. D.C.
Issue Starting in October of 2023, the District of Columbia will stop denying residents the ability to renew their driver’s license if they have outstanding debt to the city, including …
U.S. Department of Justice Statement of Interest: Coleman v. Brookside, AL
On July 26, 2022, the United States Department of Justice (DOJ) filed a Statement of Interest (SOI) in the case of Coleman v. Brookside, 2:22-cv-00423-RDP, pending in the U.S. District …
The Constitutionality of Income-Based Fines
The current financial consequences for low-income offenders often lead to cycles of debt and jail, while high-income individuals can break the law without meaningful financial consequences. Although imposing fines regardless …
Small Fines And Fees, Large Impacts: Ability-To-Pay Hearings
Excessive fines and fees on low-income people threaten our criminal justice system and violate the Constitution’s Due Process and Excessive Fines Clauses. The Fourteenth and Eighth amendment requires courts to …
Johnson v. Goodwin
Johnson v. Goodwin (Formerly Johnson v. Jessup) Case No. 1:18-cv-00467 (M.D. N.C. 2022) On March 3, 2022, a federal court accepted a settlement in this class action lawsuit brought against the …