Right to Counsel Archives - Page 3 of 7 - Fines and Fees Justice Center

The Price of Justice: The High Cost of “Free” Counsel for Youth in the Juvenile Justice System

This report documents that the families of children charged with crimes are forced to pay for the cost of legal counsel in all but 10 U.S. states – despite the Constitution’s guarantee that young people who are indigent are entitled to court-appointed counsel.

Orleans Parish Juvenile Court Standing Policy on Juvenile Administrative Fees

In the summer of 2018, New Orleans became the first city in the South to abolish fees charged to youth involved in the juvenile justice system.

Brown v. Lexington County

This case alleges that Lexington County operates a modern-day debtors’ prison pursuant to a Default Payment Policy and a Trial in Abstentia Policy.

WA State Courts of Limited Jurisdiction: 2018 Reference Guide on Legal Financial Obligations in Criminal Cases

This bench card is meant to educate Washington State judges about procedural protections owed to defendants who are ordered to pay fines and fees in criminal court.

Abstention in the Time of Ferguson

The author argues for an exception to the Younger v. Harris, 401 U.S. 37 (1971) abstention doctrine (Younger abstention) in cases challenging the criminalization of poverty.

No Exit: How Maryland’s Debt Collection Practices Deepen Poverty & Widen The Racial Wealth Gap

Consumer debt is projected to be at an all-time high of $4 trillion by the end of 2018. Driving this debt is student loan debt, mortgages, medical and civic debt …

The Excessive Fines Clause: Challenging the Modern Debtor’s Prison

This law review article makes the case that the Eight Amendment’s Excessive Fines Clause may be a better, albeit underdeveloped, provision to address the epidemic of debtor’s prisons.

Florida SB 1270: Penalties And Fees… prohibiting the suspension of a person’s driver license solely for failure to pay certain financial obligations…

This 2018 bill - which did not pass - marks the third consecutive year that Senator Jeff Brandes (R-St. Petersburg) introduced legislation to end driver’s license suspension for nonpayment of fines and fees in Florida. This bill would also have required courts to provide reasonable payment alternatives for poor defendants, including payment plans and performing community service to pay fines.

Mecklenburg County District Court Bench Cards

The Mecklenburg County working group requested the assistance of Harvard Law School’s Criminal Justice Policy Program, which helped the group develop two bench cards. One bench card provides guidance for judges when imposing fines and fees; the other outlines a process for sanctioning defendants who fail to pay fines and fees.

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.