Fines, jail, probation, debt: Court policies punish the poor

U.S. Court Watch

Johnny Gibbs has been trying to get a valid driver’s license for 20 years, but he just can’t afford it.

To punish him for high school truancy in 1999, Tennessee officials told him he would not be able to legally drive until he turned 21. He drove anyway, incurring two tickets and racking up more than $1,000 in fines and fees.

Like other low-income defendants in similar situations across the country, Gibbs couldn’t pay and ended up serving jail time and probation. That incurred another cost: a monthly supervision fee to a private probation company.

Rather than risk another arrest, Gibbs, now 38, decided to quit driving, which he said makes it nearly impossible to work. He said he spent several years living in a motel room with his mother, his disabled father and his sister before they all became homeless. In August, the family found housing in a dilapidated trailer, miles from the nearest town or food source.

A growing number of legal groups and nonprofit organizations throughout the U.S. are challenging these practices, but they continue — despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines.

In Oklahoma, for example, the Washington-based Civil Rights Corps, which has litigated more than 20 lawsuits since it was founded in 2016 to undo various aspects of “user-funded justice,” is challenging policies that it claims have led to one of the highest incarceration rates in the world.

Counties across the state of Oklahoma refer debt collection to a for-profit company, Aberdeen Enterprizes II, which adds an additional 30 percent fee and threatens debtors with arrest. Many of those who can’t pay are not just thrown in jail; they’re also made to pay for their incarceration, further increasing their debt.

Tennessee Supreme Court Justice Jeffrey Bivens said reforming fees, fines and bail is a priority of the Conference of Chief Justices, a nonprofit organization comprising top judicial officials from each of the 50 states.

Related listings

  • The Latest: Trump considers executive order on census query

    The Latest: Trump considers executive order on census query

    U.S. Court Watch 07/07/2019

    President Donald Trump says he is “very seriously” considering an executive order to get a citizenship question on the 2020 Census.The Justice Department says it will continue to search for legal grounds to force the inclusion of the ques...

  • Georgia Supreme Court orders review of slain baby case

    Georgia Supreme Court orders review of slain baby case

    U.S. Court Watch 07/01/2019

    The Georgia Supreme Court has ordered a trial judge to review whether a teenager was properly sentenced to life without parole after he was convicted of fatally shooting a baby in the face.De'Marquise Kareem Elkins was 17 when the baby was slain in h...

  • US court weighs if climate change violates children’s rights

    US court weighs if climate change violates children’s rights

    U.S. Court Watch 06/05/2019

    In a courtroom packed with environmental activists, federal judges wrestled Tuesday with whether climate change violates the constitutional rights of young people who have sued the U.S. government over the use of fossil fuels.A Justice Department att...