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.
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.
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."
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 Probation was revoked because he was unable to pay.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.
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.
This report documents how and when youth and families face fines, fees and restitution and the economic and legal consequences for failure to pay.
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.
In Pagedale, MO, the local government was using arrest warrants to collect civil debt from municipal code violations. A suit against the city resulted in a consent decree that reformed the city's ticketing, housing code, and court systems.
On appeal, the Court found, per curiam, a trial court may not revoke a defendant’s probation and send him to prison unless there is a finding that he or she has the ability to pay restitution and is in willful default.
Plaintiffs alleged that the City of Austin jails people who are unable to pay court fines and fees. There is no inquiry into their ability to pay, no appointment of counsel, and community service is not offered as an alternative.