Due Process Archives - Page 6 of 9 - Fines and Fees Justice Center

Nelson v. Colorado

The question before the U.S. Supreme Court was whether the State is required to return court fines and fees paid upon conviction when the conviction is reversed on appeal. Both Petitioners’ convictions were reversed on appeal, and they sought a refund of the fines and fees they paid.

Complaint to the Department of Justice Regarding National Origin Discrimination in the First Parish Court of Jefferson Parish

After being convicted of traffic violations, the four complainants were sentenced to pay for and attend English classes and charged high fees for interpreter services in addition to court fines …

United States Department of Justice “Dear Colleague” Letter

In March 2016, the U.S. Department of Justice’s Civil Rights Division and Office for Access to Justice sent a “Dear Colleague” letter to State Court Administrators and Chief Justices in each state clarifying the legal framework that governs the enforcement of fines and fees, including the importance of procedural protections and, in appropriate cases, the right to counsel.

State Bans on Debtors’ Prisons and Criminal Justice Debt

This Note makes the case for considering state constitutional and statutory prohibitions on debtors’ prisons alongside Bearden v. Georgia claims in legal advocacy opposing excessive fines and fees.

United States v. City of Ferguson

The complaint alleged, among other things, that the City’s conduct related to the imposition and enforcement of fines and fees for traffic and other municipal code violations was unconstitutional.

McKee et al. v. City of Amarillo

Amarillo residents were jailed through the City’s “pay or lay” policy. It stated, “…except as otherwise provided, the Court shall require the defendant to remain in custody… until the fine, State imposed fees and other penalties are paid."

People v. Hakes

Hakes could not afford to make any payments. Probation was revoked because he was unable to pay. Hakes filed a complaint stating payment for the bracelet is punitive and does not promote public safety.

The Growing and Broad Nature of Legal Financial Obligations: Evidence from Court Records in Alabama

This report provides granular data on the imposition and payment of fines and fees in Alabama. The authors gathered and analyzed 200,000 court records over the last two decades to provide a comprehensive picture of the assessments of fines and fees across the state.

Debtors’ Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System

This report documents how and when youth and families face fines, fees and restitution and the economic and legal consequences for failure to pay.

Michigan v. Cameron

Defendant argued that the imposition of court fines and fees is a tax, violated the separation of powers doctrine, and failed to comply with the Distinct Statement Clause.