Jeff Sessions Takes a Stand for Debtors' Prisons
During the holiday season, many of us think about what we can do to help people struggling with poverty. Attorney General Jeff Sessions, on the other hand, decided just before Christmas to rescind a guidance meant to protect low-income Americans.
The 2016 guidance, issued by former President Obama’s Justice Department, urged state and local courts nationwide to abide by constitutional principles prohibiting the jailing of poor people who cannot afford to pay court fines and fees. Jeff Sessions’ action makes clear that he and his Justice Department are unconcerned by courts trampling on the rights of poor people.
These efforts revealed that poor people were being locked up in Georgia, Washington, Mississippi, and elsewhere without court hearings or legal representation when they could not pay fines and fees for traffic tickets or other civil infractions or criminal offenses. These efforts also show that modern-day debtors’ prisons result from state laws allowing or requiring the suspension of driver’s licenses for unpaid court fines or fees without first requiring confirmation that the person could actually pay.
The Obama Justice Department showed leadership by reminding state chief justices and court administrators that the U.S. Constitution’s promises of due process and equal protection apply when courts impose and collect fines and fees. Far from creating new policy, the letter cited caselaw from the U.S. Supreme Court and other courts in support of seven constitutional principles. Among the most basic of these principles is the fact that the 14th Amendment prohibits jailing people for non-payment of court fines and fees without safeguards, including a hearing before a neutral judge to determine one’s ability to pay, and meaningful alternatives to jail for people who cannot pay.
During the holiday season, many of us think about what we can do to help people struggling with poverty. Attorney General Jeff Sessions, on the other hand, decided just before Christmas to rescind a guidance meant to protect low-income Americans.
The 2016 guidance, issued by former President Obama’s Justice Department, urged state and local courts nationwide to abide by constitutional principles prohibiting the jailing of poor people who cannot afford to pay court fines and fees. Jeff Sessions’ action makes clear that he and his Justice Department are unconcerned by courts trampling on the rights of poor people.
These efforts revealed that poor people were being locked up in Georgia, Washington, Mississippi, and elsewhere without court hearings or legal representation when they could not pay fines and fees for traffic tickets or other civil infractions or criminal offenses. These efforts also show that modern-day debtors’ prisons result from state laws allowing or requiring the suspension of driver’s licenses for unpaid court fines or fees without first requiring confirmation that the person could actually pay.
The Obama Justice Department showed leadership by reminding state chief justices and court administrators that the U.S. Constitution’s promises of due process and equal protection apply when courts impose and collect fines and fees. Far from creating new policy, the letter cited caselaw from the U.S. Supreme Court and other courts in support of seven constitutional principles. Among the most basic of these principles is the fact that the 14th Amendment prohibits jailing people for non-payment of court fines and fees without safeguards, including a hearing before a neutral judge to determine one’s ability to pay, and meaningful alternatives to jail for people who cannot pay.
