Given the significant differences in purpose and effect between victim restitution and the fines and fees at issue in Dueñas, the rule of Dueñas does not extend to victim restitution and a defendant’s ability to pay is not a proper factor to consider in setting a victim restitution award.
In this report, the Criminal Justice Policy Program (CJPP) at Harvard Law School proposes a framework where courts would impose means-adjusted fines as a proportionate sentence for an offense. The authors assert that by adopting the proposed recommendations, courts can ease or prevent the worst harms that excessive financial sanctions create for poor people without waiting for legislative reforms.
Plaintiffs argue that their Equal protection and Due process rights were violated because of the inadequate notices, lack of inquiry into their ability to pay, and the suspension of their licenses solely because of their inability to pay.
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.
Defendants in the Gardendale Municipal Court are placed on probation when they are unable to pay court fines and fees in full. Professional Probation Services, Inc. (PPS) is the sole probation provider through a contract with the City and the Municipal Court judge. PPS charges a $40 monthly fee which is paid before the court’s fines and fees.
Plaintiffs argue that by budgeting for revenue from fines and fees, Doraville creates a perverse incentive for the city’s police, prosecutors, and judges.
This case challenges a marijuana diversion program operated by the Maricopa County Attorney’s Office. People who can afford to pay finish the program in 3 months. Those who can’t pay must stay in the program for at least six months or until they pay the fees owed, even if they have satisfied every program requirement other than payment.
Plaintiffs allege that the Michigan Department of State’s automatic suspension of driver’s license of persons who owe court fines and fees, regardless of their ability to pay violates due process and equal protection.
Plaintiff James Ficken had grass over ten inches for about eight weeks during the summer of 2018 while he was out of town settling his mother’s estate. Without warning, he was hit with daily fines totaling $29,000. As a result of his inability to pay the $29,000 in fines, the City placed two liens on his property. Mr. Ficken requested a rehearing or reconsideration of the fines, but his request was rejected without explanation. He now faces imminent foreclosure because he does not have the money to satisfy the liens.