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.
Due Process
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.
Injustice Under Law: Perpetuating and Criminalizing Poverty Through The Courts
The ability to hire an attorney in either a civil or criminal proceeding can result in an experience that is procedurally and substantively different than that of someone who is …
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.
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.