ATLANTA—A traffic ticket turned into a federal case in Georgia. Though the U.S. Supreme Court ruled more than 30 years ago that it is unconstitutional to put people in jail when they cannot afford to pay court fines or fees, it still happens across the country.
On March 19, the American Civil Liberties Union (ACLU) and DeKalb County, Georgia, announced that they had reached a settlement over a man who said DeKalb County in Atlanta locked him up over court fines and probation fees that grew from a traffic ticket when he was 19. He owed $838 in traffic fines and fees, but he had tried his best to make payments, according to the ACLU.
Kevin Thompson spent five days in jail. He should not have spent any. DeKalb County and other defendants did not admit liability, but they are paying something both to Thompson and his attorneys. He gets $60,000 and his lawyers get $10,000.
Even though I am a DeKalb County taxpayer, and want my county to live long and prosper, part of me wishes the thing had blown up into a big old trial. This is why: It’s common in Georgia, as it is in Ferguson, Missouri, according to a recent Department of Justice report, that court fines and fees wind up as a major source of revenue for local governments, and that those fines and fees hit low-income people hardest.
This is not fair or right. How many people know it’s unconstitutional to jail people who cannot afford court fines? How big of an open door to abuse is using fines and fees to support your local government? If Thompson v. DeKalb County had gone to trial, more judges and probation departments and courts might find it prudent to restructure how they do things, as they are now mandated to do in Ferguson.
