WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

Today: committees discuss spiral of unpaid legal fees

Debtors’ prisons were supposed to be outlawed in the United States over 200 years ago. And, in a 1983 Supreme Court Case, Bearden v Georgia, the court ruled that judges cannot send offenders to prison solely because they cannot pay their fines. But, the ruling also declared that courts must distinguish between defendants who are unable to pay and those who are able to pay but “willfully refuse.”

Recently, National Public Radio (NPR) did a special investigation revealing that judges across the country are interpreting this decision in very different ways and many are charging defendants exorbitant fees and then punishing them if the fees aren’t paid.

NPR’s survey of court fees found that many inmates are paying for services that are constitutionally required: “In at least 41 states, inmates can be charged room and board for jail and prison stays; in at least 44 states, offenders can get billed for their own probation and parole supervision; …and, in least 43 states, defendants can be billed for a public defender.” You can find a complete survey of court fees state by state here.

NPR’s investigation highlighted Benton County in Eastern Washington. There, court documents revealed that over four month sample period, 25% of the people in jail for misdemeanors on a typical day were there because they could not pay their court fines and fees. And when offenders go to jail for failure to pay they often lose their jobs and their ability to ever pay.

Law enforcement and the courts often blame politicians for the problem saying that charging offenders to fund jails and courts is an easier sell than raising taxes to fund jails and courts.

Here in Washington, a portion of most court fees and fines go towards funding indigent defense. But often defendants who are indigent are also forced to pay those fees. Lawmakers here have considered a few proposals to ease the burden of fines and fees on those who are unable to pay. One bill would have eased penalties on mentally ill offenders if their fines weren’t paid. Another proposal would have allowed judges to impose a community restitution plan as an alternative to fines for traffic infractions for offenders who are not able to pay.

How to fund the criminal justice system in a fair and equitable manner is a complicated matter for both the judicial and legislative branches to discuss. Here in the Washington Legislature, the House Public Safety and Judiciary Committees is holding  a joint work session to discuss these legal financial obligations this morning at 10:00 AM.