Feds Focus on Fines and Fees

 

The U.S. Department of Justice recently issued a letter regarding its “strong interest” in putting a stop to unconstitutional court fines and fees that target the poor. According to the authors, Vanita Gupta, Principal Deputy Assistant Attorney General of the Civil Rights Department, and Lisa Foster, Director of the Office for Access to Justice, “[T]he harm caused by unlawful practices . . . can be profound. Individuals may confront escalating debt; face repeated, unnecessary incarceration for nonpayment despite posing no danger to the community; lose their jobs; and become trapped in cycles of poverty that can be nearly impossible to escape.” The DOJ sent the letter to judges and court administrators in all fifty states on March 14, 2016, directing them to review their procedures on imposing and enforcing fines and fees. An article from the New York Times states that the DOJ rarely issues “Dear colleague” letters of this sort; the last one went out in 2010 and concerned the need to provide interpreters for people who don’t speak English.

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Tracking Court Cost Waivers

Earlier this year National Public Radio ran a series on court costs entitled Guilty and Charged. The general point of the series was that “the costs of the criminal justice system in the United States are paid increasingly by the defendants and offenders”—a population that is mostly poor. Missed payments often lead to more fees, interest, probation violations, and eventually incarceration.

North Carolina is no exception to the national trend.

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Waiving Community Service Fees

May community service fees be waived? I suspect some of you are thinking “I hope so, because they just were,” or something along those lines. It turns out to be a tricky question, I think. First, let me be clear about what I mean by community service. I’m talking about community service ordered as a … Read more

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Insurance Points: Yet Another Cost of Traffic Convictions

Jeff wrote last week about the court costs associated with traffic infractions, which are significant, even for minor traffic offenses. As he mentioned, these costs are not the only financial burden imposed upon drivers found responsible for traffic infractions or convicted of traffic offenses.  Drivers who seek representation in such proceedings also incur attorney’s fees.  … Read more