California Eyes Emergency Rules On ‘Pay-To-Play’ Traffic Courts

June 8, 2015 By
 
 
The Golden State legislature is among governments statewide considering rapid reforms to traffic court policies in the wake of unrest in places like Furguson, Mo., that spotlighted how some policies send minority residents into a spiral of debt and fees that can lead to jail – usually without any real legal representation along the way.
 
California lawmakers this week are considering “emergency rules” that, the L.A. Times explains, “… would make it easier for drivers to contest traffic tickets — but will do nothing to help those already saddled with fines and fees they cannot afford to pay, according to lawyers and court officials. The state has added on charges that make the cost of a routine traffic ticket nearly $500, an amount that rapidly inflates when deadlines are missed. Although state courts charge people many fees — raised during the budget crisis — to use the legal system, the outcry has been loudest in the traffic arena.”
 
The LAT noted that “… lawyers representing the poor have complained that judges in some counties have been requiring drivers to pay the fines as a condition of contesting them, a practice that California Chief Justice Tani Cantil-Sakauye called “pay to play” and vowed to stop.”
 
Nearly 5 million California drivers have had their licenses suspended because of an inability to pay fines, officials say.
 
Read the L.A. Times story here.

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California Eyes Statewide Amnesty Plan For Paying Off Traffic Tickets

June 1, 2015 By
 
California Gov. Jerry Brown is pushing for an amnesty program for residents who can’t afford to pay off their traffic ticket debt, which often includes a range of court-funding fees. The costs are largely blamed for some 4.8 million driver’s license suspensions since 2006. Such reforms are being discussed at the municipal level, but this would be a landmark move by the nation’s most populated state.
 
The Associated Press is reporting that “… the push by the Democratic governor spotlights concern among lawmakers and court administrators that California’s justice system is profiting off minorities and low-income residents. It’s a civil rights issue that has prompted discussions between the Brown administration and the U.S. Department of Justice, according to the governor’s spokesman, Evan Westrup.”
 
The AP notes that “… advocates for the poor have likened California’s problem to the police and municipal court structure in Ferguson, Missouri, which was criticized by the Justice Department as a revenue-generating machine following last year’s fatal shooting of Michael Brown by a police officer.”
 
The report also breaks down how the traffic fines have become a revenue machine: “Traffic fines have been skyrocketing in California and courts have grown reliant on fees as a result of budget cuts during the recession. Twenty years ago, the fine for running a red light was $103. Today, it costs as much as $490 as the state has established add-on fees to support everything from court construction to emergency medical air transportation. The cost can jump to over $800 once a person fails to pay or misses a traffic court appearance.”
 
Read the story here.
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Post-Ferguson Reform Continues To Focus On Courts, Traffic

May 13, 2015 By
 

A new report released by a coalition of legal aid groups in California is the latest documentation of how local governments’ quest for traffic-ticket funds has skewed the judicial landscape. The Los Angeles Times notes that the report “… comes a month after the U.S. Department of Justice Civil Rights Division issued its report on Ferguson, Mo., which criticized similar practices for their disparate effect on low-income and largely minority populations.”

The report says that “… traffic-court fines layered with escalating fees and penalties have led to driver’s license suspensions for 4.2 million Californians — or one in six drivers — pushing many low-income people deeper into poverty…” 

“As in Ferguson,” the California report noted, “these policies disproportionately impact people of color, beginning with who gets pulled over in the first place.” Reformers are calling for, among other things, an end to license suspensions for unpaid tickets and a reduction in fees and penalties.

Read the LAT story here.

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In Ferguson, Reform Begins With Courts

September 12, 2014 By
Confronting racial issues in Ferguson, Missouri – where the shooting of an unarmed black man by a white police officer sparked demonstrations – apparently begins with the courts system. Reports the Guardian newspaper “… some residents have described the courts regime as ‘taxation without representation’ and complained of a cycle of punishment in which they were fined for not making it to court appearances set during working hours that they tried unsuccessfully to reschedule.”
 
Actually, the newspaper reports that the offence of “failure to appear” is to be abolished under the new rules, along with a $50 ‘warrant recall’ fine and $15 in other fees imposed on people who can not make court dates. The city council says it wants to stop using the fines as a “source of general revenue” for the city, but critics say a plan to cap such fees to “15 percent of the city budget” would actually allow for increasing the payments. 

The report also noted that “… many people in the city, which has a two-thirds black population and a police force that is 94% white, complain that the law enforcement system disproportionately targets black residents. Figures published in 2013 by Missouri’s attorney general showed that seven black drivers were stopped by police in the city for every white driver.”

Read the story here:  Ferguson reform to courts system could leave residents paying more

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