The Department of Justice Throws Its Weight Behind Ending the Jailing of the Poor for Unpaid Fines
(COMMON DREAMS) Nusrat Choudhury, March 16, 2016 — The fight against modern-day debtors’ prisons just got a new champion: the Department of Justice.
On Monday the department called upon state court leaders to ensure that court rules and procedures on fine and fee collection afford due process and equal protection of the law and align with sound public policy. The timing could not have been better because yesterday the ACLU reached a settlement in our lawsuit against Biloxi, Mississippi, which challenged the jailing of poor people if they could not pay the entire amount of their outstanding court fines and fees up front, in full, and in cash. The agreement provides a critically important model on how to implement the Justice Department’s recommendations and do even more to treat the rich and poor equally and fairly when they step into court.
The Justice Department came to a pretty simple conclusion that should not be controversial: People should never be locked up behind bars for being unable to pay court fines and fees they cannot afford. But local governments across the country are using threats of jail and actual imprisonment to secure payments toward court fines and fees. The ACLU has exposed and challenged these practicesin places as diverse as DeKalb County, Georgia; Benton County, Washington; Eastpointe, Michigan; and Biloxi, Mississippi.
In one stroke, the Justice Department has dramatically amplified our efforts. It has issued a strong letter to state chief justices and court administrators making it clear that the 14th Amendment prohibits jailing people for nonpayment of court fines and fees without procedural safeguards. These measures include an ability-to-pay hearing before a neutral judge on whether a person’s nonpayment was willful or due to poverty, meaningful alternatives to jail for people who cannot afford to pay, and legal representation in certain collection enforcement actions.