Court systems commonly raise revenue by punishing people who commit minor offenses with fines, fees and penalties that can pile up, driving them into poverty. Worse still, state and local governments often jail people illegally for nonpayment, putting them at risk of losing their jobs and homes.
The Justice Department responded forcefully to this problem in Ferguson, Mo. This month, the racially troubled town agreed to a federal plan to root out racist and unconstitutional practices in its Police Department and courts. The case put other state and local governments on notice that they, too, could be held accountable for operating court systems that violate the constitutional rights of people charged with nonpayment of fines.
The guidelines issued by the Justice Department’s Civil Rights Division explain in detail what courts can and cannot do when enforcing fine collections.
The department says state and local courts have an obligation to inquire about a person’s ability to pay fines and fees before jailing them for nonpayment. The Supreme Court has repeatedly ruled that imprisoning a person because he or she is too poor to pay a fee amounts to “punishing a person for his poverty” and violates equal protection under the 14th Amendment.
When someone proves to be indigent and unable to pay fines in, say, a traffic case, the law requires a court to consider alternatives to imprisonment. These could include reducing the fine, extending the time for payment, requiring that a defendant do community service, or requiring that the defendant attend public safety or community classes.
The Justice Department had especially strong words for the relatively common practice of denying defendants court dates until they pay fines or penalties. Regardless of the charge, the department said, this requirement can have the effect of denying people the day in court the Constitution provides for them.Continue reading the main story
The danger of unjust practices is magnified when courts hire private companies to collect court fines. These companies often operate without oversight, which leaves them free to adopt abusive tactics and bleed people with fees and penalties. The Justice Department makes clear that courts can be held accountable for constitutional violations committed by the firms they hire.
The Ferguson reform plan is a reminder of how far state and local courts have strayed from the law in this area, and it provides a clear route to restoring lost justice for the indigent.Continue reading the main story