Due Process Archives - Page 5 of 10 - Fines and Fees Justice Center

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.

Making Families Pay: The Harmful, Unlawful, and Costly Practice of Charging Juvenile Administrative Fees in California

This report from the Berkeley Policy Advocacy Clinic details California counties’ practice of assessing and collecting fees from families with youth in the California juvenile justice system. California abolished juvenile fees in 2018.

Thomas v. Haslam

In misdemeanor and felony cases, Tennessee automatically revoked a person’s driver’s license if they failed to pay court fines and fees one year after they were imposed.

Missoula v. Franklin

This case challenges the imposition of a surcharge by the City of Missoula that is not authorized by state law.

Traffic and Criminal Procedure: Infraction Procedures Regarding Bail, Fines, Fees, and Assessments; Mandatory Courtesy Notices; and Ability-to-Pay Determinations

In response to the Judicial Council of California’s directives, the Traffic and Criminal Law Advisory Committees authored this report which includes a proposal for three new rules, a rule amendment, and related commentary from stakeholders regarding their proposal. The recommended rules concern procedures for bail, fines, fees, and assessments imposed for infraction offenses; mandatory courtesy notices; and ability to pay determinations.

Out of Ferguson: Misdemeanors, Municipal Courts, Tax Distribution and Constitutional Limitations

In this five-part research paper, Professors from Saint Louis University’s School of Law examine the “economic impact of discriminatory municipal law enforcement” in St. Louis County, Missouri.

Hernandez et al. v. California DMV

Alameda County Court informed the California Department of Motor Vehicles when someone failed to pay their traffic debt. Failure to pay resulted in the suspension of the person’s driver’s license.

Fleming v. Missouri Board of Probation and Parole

Fleming filed writ of habeus corpus alleging he was unlawfully confined because his probation was revoked solely because of his indigency.

Confronting Criminal Justice Debt: A Guide for Policy Reform

This Guide for Policy Reform by Harvard Law School’s Criminal Justice Policy Program is organized into four issue areas: conflicts of interest, poverty penalties and poverty traps (when people are forced to pay more or face harsher sanctions because of their poverty), the ability-to-pay determination, and transparency and accountability. Under each of these sections, a description of the problem is followed by legislative, judicial, and executive reform suggestions for people at the state level to use and incorporate into their efforts.

Confronting Criminal Justice Debt: A Guide for Litigation

This guide aims to inform litigators about various strategies to defend and gain relief for individual clients burdened by criminal justice debt. It also serves to foster communication and understanding among stakeholders who work in this particular area of the justice system.