A judge’s authority to sentence a criminal defendant for nonpayment of court fines and fees, dubbed ‘pay or stay sentences’, have been the source of a great deal of controversy in Michigan law in recent years. But if the American Civil Liberties Union (ACLU) has their way, that is all going to change.
Pay or stay sentences are considered to be the judicial equivalent of being ‘sentenced for being poor’ claims the ACLU. If that were true, the sentencing would be discriminatory against poor people. Discriminating against poor people, even poor criminals, is a Constitutional violation. That means that both the Michigan Constitution as well as the Constitution of the United States, prohibits the police, the prosecutor and the government from discriminating against anyone based on their economic status.
Gerds said to have jailed people for failure to pay court fees
The issue that drew attention to this dilemma in the media recently, was the case of Judge Carl Gerds of 38th District Court in Macomb County, MI. Judge Gerds is said to have regularly jailed people for their failure to pay court fees and fines, which in his defense, is exactly what the law says he should do. But the ACLU argued that jailing people because they were too poor to pay was unfair and violative of our Constitution.
Initially, the ACLU brought suit against Judge Gerds on behalf of a woman whom the judge threatened to jail when she was unable to pay the court ordered fee of $455. The woman, a single mother, receives government assistance and claimed she was not financially able to make the payments. Not only had she been convicted in court, but later she failed to show up for a follow up court date.
Judge Gerds’ attorney later stated that he never intended to jail the woman, but he also pointed out that if he had, he wasn’t doing anything illegal. After all, the law allows judges to send people to jail for failure to pay. But the ACLU argued that the Michigan Supreme Court precedent, which states that someone cannot be jailed simply for being poor, was being violated. Since the lawsuit, the Macomb County Circuit Court has ordered District Court Judge Gerds not to hand down any more pay or stay sentences.
Since that time, the Michigan Supreme Court has amended the Michigan Court Rules regarding pay or stay sentences. Starting on September 1, 2016, judges will be required to consider a number of different factors affecting a defendant’s ability to pay including income, the defendant’s employment history, living expenses and earning ability.
‘Debtor’s prison” is something that the ACLU has long fought to overcome on the grounds that people battling poverty already face daily hardships as a result of their financial status, and they shouldn’t be punished as a result. Starting very soon, judges will have to deliberate carefully and will have numerous tools at their disposal to help make accurate decisions, which will bring Michigan one step closer to the end of pay or stay sentences. There are arguments on both sides of the issue. As the criminal defense team at the Kronzek firm points out, it is definite that being acquitted of a crime guarantees there will be no fines, no court costs and no jail. The right attorney is critical to a strong defense. Our Michigan based criminal defense lawyers have been defending people accused of crimes for decades. The lawyers can be reached seven days a week at 1 866-766-5245.