A Pound of Flesh- The Criminalization of Private Debt
This report exposes how the private debt collection industry uses the court system to coerce payment from people, many of whom cannot afford to pay their debts.
Due Process
Morales v. The City of Indio
This complaint alleges that the cities of Indio and Coachella outsourced the prosecution of some municipal code violations to a private law firm, Silver and Wright LLP.
Opinion: Jeff Sessions has endorsed an unconstitutional fine on the poor
In this op-ed for the Washington Post, FFJC Co-Director Lisa Foster explains the harms inflicted by Attorney General Jeff Sessions’ refusal to ensure that the Constitution is enforced in local and …
People v. Duenas
Velia Duenas, a homeless, married mother of two children, had her license suspended because she was unable to pay $1088 for three juvenile citations. She continued to drive, received three misdemeanor convictions, and spent 141 days in jail because she was unable to pay the fines.
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.
Targeted Fines and Fees Against Communities of Color
The U.S. Commission on Civil Rights issued a landmark report detailing the disproportionate harms that communities of color suffer from fines and fees.
DiFrancesco v. Fox
Plaintiffs allege that defendant’s practice of suspending drivers’ licenses indefinitely until all court fines and fees are paid regardless of ability to pay violates equal protection and due process.
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.
Justice Network v. Craighead County
The plaintiff alleged that the two defendant-judges instituted an “Amnesty Program” that forgave fees owed by probation clients to the plaintiff, which interfered with the contractual relationship that existed between the plaintiff and its probation clients. Furthermore, the plaintiff alleged that the defendant judges used their judicial office and powers to unlawfully take plaintiff’s substantial property rights without due process of law.