Right to Counsel Archives - Page 6 of 7 - Fines and Fees Justice Center

Thompson v. Dekalb County

Mr. Thompson was jailed for five days due to his inability to pay fines and fees. He was not informed of his right to request court-appointed counsel, and was ultimately not provided with counsel, nor a pre-deprivation indigency hearing prior to being jailed.

Unified But Not Uniform: Judicial Funding Issues in Alabama

This study explains how the current lack of uniformity in funding of Alabama’s courts, even after the 1973 establishment of the Unified Judicial System (UJS), warrants a second wave of reform.

Mitchell v. City of Montgomery

Unable to pay debt from traffic tickets, impoverished defendants were given the options of paying the debt immediately or sitting out their debt in jail at the rate of $50.00 a day. Those in jail were given the further option of performing janitorial services at the rate of $25.00 a day. No inquiry was made as to the defendant’s ability to pay.

The Burden of Criminal Justice Debt in Alabama

Foster Cook’s report includes quantitative and qualitative survey results from 943 participants from 13 counties in Alabama. The report includes information about the collateral consequences of increased court costs on incarcerated people in Alabama, including harsh penalties for nonpayment and the phenomenon of defendants turning to crime as a funding source to pay their fines and fees.

Cleveland v. City of Montgomery et al. & Watts v. City of Montgomery et al

The SPLC filed a lawsuit challenging Cleveland’s and Watts’ incarceration as a violation of the due process and equal protection clauses of the U.S. Constitution and the state constitution.

Legal Financial Obligations: Fulfilling the Promise of Gideon by Reducing the Burden

Stearns examines the imposition and enforcement of Legal Financial Obligations (LFOs) in Washington State on people unable to pay them and argues that the resulting disparities impact the ability of the criminal justice system to impose fair and meaningful penalties that hold people accountable and reduce recidivism.

Criminal Justice Debt: A Barrier to Reentry

This seminal report examines fines and fees practices in the fifteen U.S. states with the highest prison populations, focusing on “user fees” and their impact on individuals reentering society after incarceration.

The Hidden Costs of Florida’s Criminal Justice Fees

This report examines the impact of the Florida Legislature’s decision to levy “user fees” on people accused and convicted of traffic violations, misdemeanors and felonies without providing exemptions for the indigent.

Justice Most Local: The Future of Town and Village Courts in New York State

In 2007, New York’s Special Commission on the Future of the New York State Courts visited nearly 100 courts in every judicial district, met with hundreds of judges and court officials, and heard testimony from 85 witnesses in order to learn more about the status of New York town and village courts. This report is the product of their comprehensive, first-of-its-kind review of New York’s town and village courts.

The Assessment and Consequences of Legal Financial Obligations in Washington State

To develop an understanding of how fines and fees are imposed and enforced in Washington State, this study analyzes 50 interviews with Washington State residents as well as data from 3,366 Washington Superior Court cases.