In the U.S. 1 in 4 of us has a criminal record; 4 in 4 of us have a criminal history.
Ever driven over the speed limit? Had a drink while underage? Inhaled? Three out of 4 of us are the lucky ones, to have had the luxury of not getting caught.
Last Thursday, the town’s Justice In Action Committee co-sponsored “The Crushing Impact of Criminal Justice Debt in Orange County,” a forum at Town Hall on the costs of getting caught. Fines are meant to be punitive, a hurt to remind you not to do that again. Court costs and fees are not designed as deterrents, but they begin accruing as soon as the police officer hands you a speeding ticket. While the fine is $30, court costs add another $188 to what you must pay before the ticket is resolved.
The forum’s guest speakers — retired Orange County public defender James E. Williams Jr.; Gene Nichol, UNC law school professor (and director of the Center on Poverty, Work and Opportunity, before UNC’s Board of Governors shut it down); and UNC Law research associate Heather Hunt — delineated some of the hardships endured by low-wealth defendants from court costs and fees.
The main speakers were followed by a panel consisting of retired UNC Law professor Rich Rosen; UNC School of Government’s public policy department chair Jamie Markham; Durham District Court Judge Amanda Maris; Quisha Mallette, a lawyer with UNC Law’s Immigration Clinic; and Orange County Commissioner Mark Dorosin, who had been a lawyer with the Center for Civil Rights before the Board of Governors neutered that, too.
What are some of these costs and fees? After you are arrested and fork over the nonrefundable 10-15% of bail that a bail bondsman takes if you don’t have cash in hand to pay the court, you must pay $60 to ask for a court-appointed lawyer. Probation costs $40 a month, and community service is a flat $250. A split sentence costs $40 a day for any time spent in jail. Every court appearance may mean asking for time off from work or finding childcare.
There are another couple dozen or so fees that the court could waive, if you know to ask. But over the past few years, the N.C. General Assembly has made it increasingly onerous for judges to waive fees.
Stop by the courthouse on any given day, and it may seem like the vast majority of defendants are poor. But bear in mind that those of us with financial means often can hire lawyers to appear in our stead.
Judges need to be able to level the playing field for those who are not so lucky. Why impose crushing fees on people who have no hope of paying them? Fines and court-ordered punishment are sufficient deterrents. If society covered court costs and fees collectively through our taxes, we would have incentive to invest in education and enrichment opportunities for youth so that crime doesn’t seem the most attainable option.
— Nancy Oates
