Debtor s Prison Litigation

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Everett Oliver
5 years ago
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1 The International Municipal Lawyers Association San Diego 2016 Annual Conference October 2 nd, 2016 Debtor s Prison Litigation By: Chris Edwards

2 IS YOUR CITY RUNNING A DEBTORS PRISON? HARRIS v. CITY OF AUSTIN 42 USC 1983 ON MARCH 16, 2016, A FEDERAL COURT HELD THAT THE CITY OF AUSTIN IS NOT BECAUSE THE RELEVANT DECISIONS WERE MADE BY A MUNICIPAL JUDGE ACTING IN HIS JUDICIAL CAPACITY.

3 CHRIS EDWARDS Assistant City Attorney, City of Austin RYAN KELLUS TURNER General Counsel, TMCEC JUDGE SHERRY STATMAN Presiding Judge, Austin Municipal Court

6 PLAINTIFFS SUED SEEKING CLASS ACTION STATUS PLAINTIFFS CLAIMED THEY FACE THE THREAT OF JAIL PLAINTIFFS RESOLVED THEIR TICKETS, AND JAIL WAS NO LONGER A THREAT PLAINTIFFS AMENDED TO AVOID MOOTNESS

7 ENTER KARIAN HARRIS 35, SINGLE, 7 KIDS, CONTINUES TO DRIVE TO CARE FOR HER CHILDREN $6K YEAR, FOOD STAMPS, SEC. 8 HOUSING, FREE SCHOOL LUNCHES ARRESTED & JAILED FOR TRAFFIC TICKETS WITHOUT AN INDIGENCY HEARING, BEING OFFERED ALTERNATIVES TO JAIL, OR BEING APPOINTED COUNSEL

14 th AMENDMENT DUE PROCESS failure to inquire into ability to pay, or offer alternatives to jail 14 th AMENDMENT EQUAL PROTECTION policy of jailing for traffic tickets

8 14 th AMENDMENT DUE PROCESS failure to inquire into ability to pay, or offer alternatives to jail 14 th AMENDMENT EQUAL PROTECTION policy of jailing for traffic tickets solely because too poor to pay fines 14 th AMENDMENT EQUAL PROTECTION discriminatory methods of debt collection 6 th AMENDMENT RIGHT TO COUNSEL failure to appoint counsel

9 THE COURT RECOGNIZED THAT DRIVING IS A PRIVILEGE, NOT A CONSTITUTIONAL RIGHT THAT THE SUBSTITUTION OF KARIAN HARRIS HIGHLIGHTED THE DIFFICULTY IN THE DEFINITION OF CLASS AND A LOT OF PEOPLE THAT AREN T INDIGENT... WILL GET IN THE CLASS THAT THEY COULD GO TO THE LEGISLATURE, CHANGE THE LAW, GET A SPECIAL STATUTE

10 The key question is whether the judge was acting in a judicial role or a nonjudicial role. The municipal judge hearing each individual case... acting in his judicial capacity makes the ultimate decisions. A municipal judge s illegal pronouncement does not become a nonjudicial act merely because it is illegal.

11 AUSTIN, TEXAS EL PASO, TEXAS COLORADO CITY, TEXAS FERGUSON, MISSOURI CBS FEDS

16 Alabama At least 4 local gov ts Colorado Colorado Springs Georgia Dekalb County Louisiana New Orleans Michigan Macomb County Mississippi Biloxi Jackson Missouri Ferguson Jennings Tennessee Rutherford County Texas Amarillo Rule 12b6 granted Austin Rule 12b6 granted El Paso Harris County Virginia Alexander County Washington Benton County Kennewick

20 Focus on Revenue Communit y Distrust Police Practices Racial Bias Municipal Court Practices

21 LESSON TWO: Understand How Practices in the Ferguson Municipal Court Harmed the Community it Aimed to Serve Investigation of the Ferguson Police Department U.S Department of Justice Civil Rights Division (March 4, 2015)

22 LESSON THREE: Identify Ferguson-Related Legislative Reforms

23 ASSESSING Needs and Perils

24 (Re)read: Get Ready to Argue Tate v. Short (1971) Bearden v. Georgia (1983) 1. A Call to Judicial Action Seek First to Understand Judicial Leadership Begins at Home Canon of Judicial Conduct 2. The Role of Education Public Education Judicial Education 3. Collaboration on Public Policy in Texas a. Better Tools for Determining Indigence b. Expand the Meaning of Alternative Means for Indigent Defendants and Access to Community Service c. Broaden the Use of Show Cause Hearings d. Time Payment Fees e. Stop State Programs that Hinder (DRP & CIP)

25 1. The Danger of Sweeping Generalizations 2. The Danger of Inverse Discrimination THEIR CRIME: BEING POOR THEIR SENTENCE: JAIL People in Texas get thrown in jail just because they can t afford their traffic tickets. 50 SURE SIGNS THAT TEXAS IS ACTUALLY UTOPIA Texas is the best place on Earth, and real humble about it to boot. Alternative Means = A Level Playing Field Alternative Punishment Does Not Mean Waiver Does Not Mean No Consequence

26 Not a Utopia (Yet) But Texas Laws are Either Best, or Better than Most Texas Does Not have Very, Very Minor Offenses

28 Legal System must honestly examine: Fear of Law Enforcement Ignorance of the law Disparate treatment Unintended consequences Public Safety

29 How to balance fairness for indigent defendants and public safety? Simultaneous calls to examine practices regarding indigent defendants and to increase traffic enforcement 102 Traffic Deaths in Austin in 2015: Highest ever recorded Tickets may hurt but crashes can kill

30 Source:

31 Separation of Powers Judges should not be swayed by ANYONE who favors enforcement of some laws over others including City Councils, advocates, politicians, religious leaders, etc. etc.

32 Educate court staff: what are the issues, what is the law? Document, document, document Transparency: easily obtainable court statistics

33 GOAL: work with defendants to avoid situations where they might be at risk for arrest. Request/discuss payment plans and community service Request that jail credit be applied to cases Hand in late paper work Request extensions on court orders including payment and community service plans Show hardship or inability to complete community service Translators available If defendants with warrants come in voluntarily, they will not be arrested 2015: Austin Judges waived or reduced $470, in fees and fines

34 GOAL: prevent incarceration of indigent defendants with hardships Texas CCP Art allows the waiver of fees/fines for hardships. In custody and facing possible commitment for failure to complete previously assigned community service, and indicates in the commitment proceeding that his or her failure was due to a hardship, a judge may immediately release that defendant to appear at a weekly hardship docket. defendants may provide any documentation they might have and discuss their situation so that a judge can determine if waiver is appropriate

35 Looking to other jurisdictions for solutions

39 Judges are public servants Judges must be committed to educating ourselves Judges must do the hard thing: take the time to mindfully examine each case and take the actions that are appropriate for that particular defendant and that set of circumstances

New Rules for Setting Fine, Community Service and Indigency for Fine-Only Offenses. Roxanne Nelson Justice of the Peace, Pct.

New Rules for Setting Fine, Community Service and Indigency for Fine-Only Offenses Roxanne Nelson Justice of the Peace, Pct. 1 Burnet County In the past few years, we have heard stories about defendants