People v. Kopp
Issue Whether Due Process and Equal Protection forbid a court from ordering payment of any financial obligation without first finding a defendant has an ability to pay. Holding A challenge …
Equal Protection
Post-Ferguson Class Action Suits Challenging Fine and Fee Schemes in Missouri
Post-Ferguson Class Action Suits Challenging Fine and Fee Schemes in Missouri In 2014, when a police officer in Ferguson, Missouri shot and killed Michael Brown, the City of Ferguson …
United States Department of Justice “Dear Colleague” Letter (revised and updated)
On April 20, 2023 the U.S. Department of Justice’s Civil Rights Division, Office of Justice Programs, and Office for Access to Justice revised the 2016 Dear Colleague to include an updated discussion …
The Constitutionality of Income-Based Fines
The current financial consequences for low-income offenders often lead to cycles of debt and jail, while high-income individuals can break the law without meaningful financial consequences. Although imposing fines regardless …
Johnson v. Goodwin
Johnson v. Goodwin (Formerly Johnson v. Jessup) Case No. 1:18-cv-00467 (M.D. N.C. 2022) On March 3, 2022, a federal court accepted a settlement in this class action lawsuit brought against the …
Community Success Initiative, et al. v. Moore, et al.
In North Carolina, roughly 70,000 individuals are prohibited from voting because they have a prior felony conviction, and in many cases individuals are disenfranchised solely because of their inability to …
Robinson v. Purkey [Robinson v. Long]
County Clerks in Tennessee automatically suspend the driver’s license of persons who fail to pay their traffic debt within a 30-90 day window.
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.
Feenstra v. Sigler
The complaint alleges Judge Jared Sigler, Judge John Gerkin, and former Judge Curtis DeLapp (Judicial Defendants) failed to conduct inquiries into individuals’ ability to pay before imposing fines and fees or before sanctioning individuals for nonpayment.
Edwards v. Leaders in Community Alternatives
Alameda County contracts with Leaders in Community Alternatives (LCA) to provide court-ordered GPS tracking and alcohol monitoring devices for people on pre-trial or home detention. Although LCA is supposed to charge fees on a sliding scale based on a person’s ability to pay, LCA does not adjust its fees based on a person’s actual financial circumstances and never informs people that reduced fees are available.