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Article • October 15, 2019 • from CLN November, 2019
Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the decision of a district court that granted summary judgment to the plaintiffs in a § 1983 suit alleging …
Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues by Edward Lyon by Ed Lyon U.S. jurisprudence generally strives to avoid conflicting interests and even the appearance of impropriety. This practice apparently does not apply to the system of mayor’s courts in Ohio. Reminiscent of ancient Star Chamber of England, …
Article • April 12, 2019 • from CLN May, 2019
L.A. County Wipes Out Almost $90 Million in Debt for Juvenile Detention Fees by Dale Chappell by Dale Chappell It has been illegal for Los Angeles County to charge juveniles and their families the cost of their incarceration since 2009. But, until recently, the county kept trying to collect nearly …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Booking Fees
New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work by Dale Chappell by Dale Chappell Reaching a conclusion that most people already knew, the New Jersey Judicial Commission issued a report finding that suspending someone’s driver’s license when they fail to pay a …
Article • March 16, 2019 • from CLN April, 2019
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the Excessive Fines Clause of the Eighth Amendment is applicable to the states through the …
Article • February 14, 2019 • from CLN March, 2019
California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional by Douglas Ankney by Douglas Ankney On January 8, 2019, the Court of Appeal for the Second Appellate District of the state of California ruled that when the only reason a defendant cannot …
Article • January 18, 2019 • from CLN February, 2019
Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute by Derek Gilna by Derek Gilna Corrine Franklin, who pleaded guilty to disorderly conduct in Missoula, Montana, Municipal Court, was assessed a $25 surcharge by the City of Missoula, earmarked …
Article • January 3, 2018
Filed under: Booking Fees
California Mugshot Extortion Fee Claims Survive Anti-SLAPP Dismissal by Mark Wilson by Mark Wilson The California Court of Appeals held that charging a fee to remove mugshot photographs from a company's website is not protected free speech activity. Accordingly, dismissal of claims against the company were not warranted under California's …
Fines and Fees: Explained by Jessica Brand by Jessica Brand, In Justice Today In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines — like bail, civil asset forfeiture, or the Brady …
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The …
Article • November 16, 2017 • from CLN December, 2017
Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional by Mark Wilson by Mark Wilson The Missouri Supreme Court sitting en banc ruled that a sentencing court improperly revoked a defendant’s probation for failing to pay court costs without first inquiring into the reasons for his failure …
Wilkins v. Aberdeen, OK, Complaint, Court Fees, 2017 Case 4:17-cv-00606-CVE-JFJ Document 2 Filed in USDC ND/OK on 11/02/17 Page 1 of 103 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA (1) IRA LEE WILKINS, ) ) ) On behalf of themselves and all others ) similarly …
Charging the Poor - Criminal Justice Debt & Modern-Day Debtors' Prisons, Sobol, 2016 Legal Studies Research Paper Series Research Paper No. 16–09 Charging the Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons Neil L. Sobol This paper can be downloaded without charge from the Social Science Research Network Electronic Paper …
Brief • August 23, 2016
Dade v. Sherwood, AR, Complaint, Hot Check, 2016 Case 4:16-cv-00602-JM Document 1 Filed 08/23/16 Page 1 of 58 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS - - - - --------- - ----------- CHARLES DADE, NAKITA LEWIS, NIKKI PETREE, LEE ANDREW ROBERTSON, and PHILIP AXELROTH, individually and on …
Publication • February 12, 2016
In Jail and In Debt - Ohios Pay-to-Stay Fees, ACLU 2015 In Jail & In Debt: Ohio’s Pay-to-Stay Fees ~ Fall 2015 In Jail & In Debt: Ohio’s Pay-to-Stay Fees Fall 2015 www.acluohio.org In Jail & In Debt: Ohio’s Pay-to-Stay Fees Fall 2015 Table of Contents Introduction Page 1 Analysis …