How Courts Can Ensure Fair and Effective Fines and Fees Practices
Are people not paying fines and fees assessed by the court? Could it be because people cannot afford to pay? Are you looking for a more efficient and effective way to ensure accountability that doesn’t waste court and staff time and resources? Do you want to learn more about best practices for ability-to-pay assessments, payment plans and community service?
Results for America (RFA) and the Fines and Fees Justice Center (FFJC) announce an exclusive 7-part online Solutions Sprint exploring why and how to implement effective and efficient ability-to-pay (ATP) assessments in courts. This hands-on workshop is designed for court stakeholders and advocates interested in implementing ability-to-pay assessments, payment plans, and/or community service or alternatives to fines and/or fees.
Stakeholders who work with courts that assess fines and fees for ordinance, traffic or criminal violations are encouraged to apply, including but not limited to municipal, administrative, trial and specialty courts. Representatives from statewide organizations such as court administration or judicial associations are also encouraged to apply.
The Sprint offers a unique opportunity to:
- Learn directly from experts, practitioners and peers working in jurisdictions that have implemented ability-to-pay assessments.
- Obtain evidence-based guidance for designing and implementing a customized ability-to-pay process in your jurisdiction.
- Receive ongoing technical assistance and become eligible for a grant to support implementation.
To participate in this Sprint, applicants must apply in teams from their jurisdictions. Teams should include individuals who can implement or advocate for an ability-to-pay process in their court system, such as judges, public defenders, prosecutors and court administrators. Jurisdictions are strongly encouraged to bring together a team of key and diverse stakeholders, including community members, to ensure success.
View the full application, including eligibility requirements. Applications are due no later than Monday, February 24, 2025.
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Key Benefits for Participating
Assessing Ability to Pay: How Courts Can Ensure Fair and Effective Fines and Fees Practices is a 7-part online workshop designed to guide court stakeholders and community advocates in the implementation of efficient and effective ability-to-pay assessments. Session leaders for this Sprint will include judges, court administrators, researchers and experts from across the country.
- Learn when and why ability-to-pay assessments are required and how they help courts and communities. Gain insight into how courts may unknowingly violate legal and constitutional protections when they do not consider an individual’s ability to pay. Understand how current practices may harm communities and undermine their trust and confidence in the courts. Learn why an effective ability-to-pay assessment reduces burdens on courts and court staff and results in increased compliance.
- Create a customized ability-to-pay action plan for your court. Understand best practices in the efficient and effective implementation of ability-to-pay assessments, payment plans, and alternatives to fines and fees, including community service. Sessions will cover topics such as determining your jurisdiction’s authority to implement ability-to-pay assessments, gathering the data your team might need, and learning the key elements of a robust ability-to-pay inquiry.
- Receive ongoing support and become eligible for grant funding. Jurisdictions that implement ability-to-pay assessments will be provided ongoing strategic and technical assistance after the Sprint and at least one jurisdiction will receive a grant to support implementation.
- Network with other courts and stakeholders. Participants will have the opportunity to build relationships with court stakeholders from similar jurisdictions.
Ready to learn how to advance fair fines and fees practices in your court?
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“Eliminating the unjust imposition of fines and fees is one of the most expeditious ways for jurisdictions to support the success of youth and low-income individuals, honor constitutional and statutory obligations, reduce racial disparities in the administration of justice, and ensure greater justice for all.”
— U.S. Department of Justice, 2023 “Dear Colleague” Letter
Who Should Apply
This Solutions Sprint is designed for court stakeholders and advocates for fine and fee reform interested in implementing ability-to-pay assessments, payment plans, and/or community service as an alternative to fines and/or fees. All courts that assess fines and fees for ordinance, traffic or criminal violations are encouraged to apply, including but not limited to municipal, administrative, trial and specialty courts. Representatives from statewide organizations such as court administration or judicial associations are encouraged to apply.
Jurisdictions are strongly encouraged to bring together a team of key and diverse stakeholders to enhance the Sprint opportunity and establish a foundation for long-term success. An ideal team would include individuals who can implement or advocate for an ability-to-pay process in their court system.
Teams are required to have a minimum of three participants. Your team will have the flexibility to continue adding participants after applying. Membership on a team should include:
Required (one or more of the following court stakeholders):
- Judges
- Law clerks
- Court administrators
- Courtroom clerks
- Public defenders
- Prosecutors
Recommended:
- Criminal Justice Coordinating Councils or similar workgroups
- State or local elected officials
- Budget officials
- Community members
- Advocacy organizations
Priority consideration will be given to teams that have participated in events hosted by RFA or FFJC, including Cities and Counties for Fine and Fee Justice, the 2022 Bootcamp, the 2024 Fines and Fees Accelerator or previous Solutions Sprints.
Already have a Sprint team in mind? Submit your application.
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Sprint Objectives
By the end of the Sprint, participants and teams will:
- Have a firm understanding of the problem of fines and fees in the justice system, including the history of fines and fees; the problems court debt creates for courts, individuals, families and communities; the legal framework governing ability-to-pay assessments; and relevant research about fines and fees.
- Be able to identify, collect and analyze data relevant to implementing an ability-to-pay process in your jurisdiction.
- Explore best practices and models for conducting ability-to-pay assessments for fines and fees, payment plans and community service.
- Understand the steps needed to develop robust ability-to-pay assessments in your jurisdiction, including metrics and/or research to determine impact.
- Develop messaging and communications strategies to achieve your goals.
- Create an action plan outlining the essential building blocks and next steps to implement an effective ability-to-pay process in your jurisdiction.
Sprint Action Plan
By the end of the Sprint, teams will have created a customized action plan that could include any or all of the following elements:
- Outline for the proposed ability-to-pay procedure, including the process for waiving or reducing fines and fees, and when and how to use alternatives.
- Path and timeline for implementation and process for tracking impact.
- Steps to develop broad buy-in for ability-to-pay assessments.
Key Dates
- Applications open: Monday, January 6, 2025
- Applications close: Monday, February 24, 2025
- Sprint Kickoff: April 10, 2025
- Duration: April 10 – May 22 (7 sessions)
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Why Should Your Court Implement Ability-to-Pay Assessments?
Over the last decade, one in three Americans have been impacted by court debt, often being forced to give up basic necessities like food and rent to pay down these costs. Fines and fees have also increased in size and severity, often exceeding people’s ability to pay them. This debt can follow families throughout their lives, exacerbating financial hardships, impeding employment opportunities and jeopardizing basic needs.
Courts are also experiencing the serious consequences of unpayable fine and fee debt. Dockets become crowded with enforcement hearings; clerks are forced to administer a failing system; and the justice system faces a loss of community faith and confidence. Outsized fines and fees draw lower-income individuals into longer and escalating interactions with the criminal legal system. Warrants for unpaid fines and fees or failure to appear at a collection-related hearing increase the risk of incarceration and other sanctions that can hinder debt repayment. Unpaid criminal justice debt can incur late penalty fees and driver’s license suspension, exacerbating financial challenges and potentially leading to job loss and housing instability. All of these enforcement mechanisms consume extraordinary amounts of time and resources with little or no return.
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Sprint Facilitator
FFJC is the only national organization exclusively focused on ending unjust fines and fees in the justice system. Working together with affected communities and system stakeholders, FFJC’s goal is to create a justice system that treats individuals fairly, ensures public safety and community prosperity, and is funded equitably. This Sprint’s main facilitator, Lisa Foster, is a retired judge and the former Director of the Office for Access to Justice at the U.S. Department of Justice. Currently, Lisa works with judges, court administrators, and communities on fine and fee reform, including implementing fair and efficient ability-to-pay assessments, effective alternatives to monetary sanctions, fee elimination, and appropriate collection practices.
Learn more about FFJC at finesandfeesjusticecenter.org.