"What happened to Lane is illegal."

October 8, 2015 7:50 AM

"A BuzzFeed News investigation into Texas judicial practice found that with no public defenders present, traffic court judges routinely flout the law, locking up people for days, weeks, and sometimes even months because they did not pay fines they could not afford. The result is a modern-day version of debtors prison, an institution that was common two centuries ago but has been outlawed since the early ’70s."
posted by roomthreeseventeen (42 comments total)

If you told me yesterday that Buzzfeed was going to be a fucking paragon of investigative journalism in this country I'd have laughed.

Fuck Texas and everything it stands for. Don't even pay lip service to the rule of law.
posted by Talez at 7:58 AM on October 8, 2015 [22 favorites]

"'We’re not a society that jails people for traffic tickets,' said Rebecca Bernhardt, executive director of the Texas Fair Defense Project, a legal advocacy group. 'We’re a society that jails poor people for traffic tickets.'”

Sums it up right there. Don't be poor in Texas. (Or in any other jurisdiction that does this. Saying "Fuck Texas" doesn't alter the fact that this is an increasingly common practice in Missouri, Indiana, and other states besides Texas.)
posted by blucevalo at 8:00 AM on October 8, 2015 [17 favorites]

In El Paso, Judge Davis said she feels she has to do something about poor people’s fines. “I can’t just let them go because they don’t have money,” she said, adding that doing so would be “unfair to the rich person.”

Oh yes. How did that quote go? "That law in its majestic equality allows both the rich and the poor to be jailed for non-payment of fines".
posted by Talez at 8:01 AM on October 8, 2015 [37 favorites]

Just wait until they close the DMVs everywhere except a panther pit in downtown Dallas and everyone's driving with an expired license. Cops get to arrest whoever they want! Plus no undesirables can vote; added bonus.
posted by selfnoise at 8:02 AM on October 8, 2015 [6 favorites]

One, the fuck barrel needs to fie.

Two, the Texas Bar needs to find its spine and start ethics proceedings on all those judges.
posted by NoxAeternum at 8:07 AM on October 8, 2015 [4 favorites]

There was a BBC podcast about something similar in St. Louis County, Missouri after the Ferguson stuff.
posted by kevinbelt at 8:07 AM on October 8, 2015 [1 favorite]

If you told me yesterday that Buzzfeed was going to be a fucking paragon of investigative journalism in this country I'd have laughed.

They've been turning in surprisingly good work for years. They've stacked their hard news side with Pulitzer Prize winners and former NY Times reporters. And thank goodness, because so much of mainstream media has started looking to BuzzFeed for the wrong reasons ("How do we make our content viral"), there needs to be somebody left doing real news. Somehow it wound up being BuzzFeed.
posted by maxsparber at 8:11 AM on October 8, 2015 [25 favorites]

Wednesday, NYC Mayor Bill de Blasio signed into law legislation aimed at helping correct these bail problems, providing inmates a bill of rights for when they’re detained and addressing other problems that lead to overstuffing city jails with poor people of color.
posted by roomthreeseventeen at 8:11 AM on October 8, 2015 [4 favorites]

Yeah, this happens anywhere that poor non-white people live. Obviously it happens to poor white people as well but they are not the target population for this shit.
posted by poffin boffin at 8:12 AM on October 8, 2015 [4 favorites]

as per usual.
posted by poffin boffin at 8:12 AM on October 8, 2015

When told that the law requires her to do so, she disagreed and said, “That's up to them to request that.”

Any moment now, I'm sure all of those red blooded real American Patriots will come down on this activist judge for legislating from the bench.
posted by dr_dank at 8:17 AM on October 8, 2015 [15 favorites]

They've been turning in surprisingly good work for years

Yeah, sometimes when I'm on my third page of animated gifs of chipmunks who just can't even right now, I ask myself why I am wasting my time on this. Then a little voice says, "this is how quality journalism gets funded nowadays," and I got right back to clicking on a quiz about how my grilled cheese preferences determine which Winchester brother I should date.
posted by Panjandrum at 8:18 AM on October 8, 2015 [39 favorites]

Robert Doty, presiding judge in Lubbock’s municipal court, said many defendants are “fine and dandy” with going to jail. “They get three meals a day,” he said, “and a bed to sleep in.”

I'm speechless that a person can both think this and be a judge... the level of cognitive required dissonance to think that your punishment isn't actually a punishment but to keep punishing people with it is beyond me.
posted by Ned G at 8:20 AM on October 8, 2015 [7 favorites]

Yeah as someone who loves, without reservation, both quality investigative journalism and Once Upon a Time personality quizzes, I just really love Buzzfeed.

Except the astrological sign quizzes, those are lazy.
posted by Bulgaroktonos at 8:21 AM on October 8, 2015 [2 favorites]

The fact that BuzzFeed simultaneously produces this kind of gut-punching journalism while also stealing Jon Bois' reader commentary from Breaking Madden hurts my brain so much.
posted by Holy Zarquon's Singing Fish at 8:21 AM on October 8, 2015 [7 favorites]

I'm speechless that a person can both think this and be a judge... the level of cognitive required dissonance to think that your punishment isn't actually a punishment but to keep punishing people with it is beyond me.

Look, I'm sure there are people who do feel safer/more food secure in prison, but that does not rob them of their Constitutional right not to be imprisoned.
posted by roomthreeseventeen at 8:23 AM on October 8, 2015 [2 favorites]

[…] determine which Winchester brother I should date.

Sam obviously. Dean would be gone in the morning.
posted by cjorgensen at 8:23 AM on October 8, 2015 [3 favorites]

Look, I'm sure there are people who do feel safer/more food secure in prison, but that does not rob them of their Constitutional right not to be imprisoned.
posted by roomthreeseventeen at 11:23 AM on October 8

It's kind of shocking that the standard response is "might as well lock 'em up!" instead of "oh shit that's a really bad sign, maybe we should give these people food and housing?"
posted by Bulgaroktonos at 8:27 AM on October 8, 2015 [12 favorites]

does anyone even remember that adam is sTILL TRAPPED IN THE CAGE
posted by poffin boffin at 8:27 AM on October 8, 2015 [7 favorites]

pb we do, we just don't care.
posted by Kitteh at 8:32 AM on October 8, 2015 [1 favorite]

Strawman: Yeah, but if we don't throw them in jail for not paying fines, they'd flout the law! The high price of the fine is just to deter people from breaking the law in the first place! It's not our fault if they can't afford their own deterrent!

SanePerson: Oh really? Hows about proportional fines for this sort of thing? It seems to be working elsewhere.
posted by eclectist at 8:37 AM on October 8, 2015 [4 favorites]

SanePerson: Oh really? Hows about proportional fines for this sort of thing? It seems to be working elsewhere.

Would that pass constitutional muster? 14th amendment? Or if you made it something like 0.2% of your last reported yearly income would it satisfy it?
posted by Talez at 8:44 AM on October 8, 2015

Seconding the need of the Texas (and other State bars) to come down on this. Are these judges elected or appointed? Either way, they need to be pulled off the bench for people who actually, you know, respect the law.
posted by Hactar at 8:50 AM on October 8, 2015

Would that pass constitutional muster?

I dunno. I'm fairly sure it passes the 8th amendment, unlike a backdoor reinstatement of Debtor's Prison.
posted by eclectist at 9:01 AM on October 8, 2015

Does anyone have a comprehensive map yet of where this is happening? My list so far has got Texas, NYC, Louisiana, Michigan, Ohio, Georgia and Washington.
posted by brina at 9:07 AM on October 8, 2015 [1 favorite]

Are these judges elected or appointed?

Elected, and sadly in a lot of counties where this kind of thing happens, it would be a plus for the current voters that the judges were jailing the indigent. What we really need in Texas is a well-funded defense bar and with the current Republican stranglehold on state offices and the Lege, that ain't happening.
posted by immlass at 9:12 AM on October 8, 2015 [1 favorite]

Benton County, Washington is part of Texavalnia, Washington, defined as east of cascade mountains. Not at all surprised. Not that we're any better here in Island County, where we simply let prisoners in our county jail die of dehydration.
posted by maxwelton at 9:20 AM on October 8, 2015

Great, now I have to link to Buzzfeed from my work Twitter. I hope my boss understands!
posted by showbiz_liz at 9:40 AM on October 8, 2015

There was a similar piece in the NYT Magazine in mid August that I would try to find if I wasn't on my phone. Not about traffic tickets, but more about how even modest bail starts a downward spiral for the poor.
posted by Horselover Fat at 9:52 AM on October 8, 2015

This article is hitting painfully close to home for me. In my late teens/early twenties, I also did the dance of getting some minor traffic ticket, but being to poor to pay it and ending up with a massively larger fine AND an arrest warrant. I'm keenly reminded of a time I (ironically) got caught in traffic on the way to pay for an expired tag (I think?) -- simple piddly infraction whose fine I could afford.

Seeing as how I was going to be late for the court date, I called ahead, because that's what you do when you're going to be late to something, right? The clerk told me that showing up late would be counted as failure to appear and that I would need to pay a $500 fine upon arrival or be arrested. Since I couldn't pay that, I simply turned around and went home, my minor ticket grew exponentially and I now had a warrant for my arrest and a suspended license.

It's not like any one is actively looking for you though so it's easy to roll around with a suspended license and a warrant. The next time you fail to notice you have a headlight out, or fail to signal a lane change, or just do any of the little things that gives cops an excuse to pull you over, you end up in cuffs on the way to jail and your car on the way to the impound (costing you even more money).

I was fortunate enough to have family who could spot me money when things got serious, and jobs that were understanding enough to let me miss a day or day, but I saw how easily these things can spiral out of control. Poverty is criminalized in America, no doubt.
posted by Panjandrum at 10:01 AM on October 8, 2015 [9 favorites]

As the saying goes, a system does what it was designed to do.
posted by lord_wolf at 10:05 AM on October 8, 2015 [4 favorites]

dr_dank: Any moment now, I'm sure all of those red blooded real American Patriots will come down on this activist judge for legislating from the bench.

Right-wing populists hate this stuff, too. They just blame Obama for it.

And then they immediately bring up the fact that parents who fail to pay child support can be put in prison, which is clearly obviously exactly the same thing. E.g.: "It’s a crime to be out of work if you are a divorced father."
posted by clawsoon at 10:16 AM on October 8, 2015 [1 favorite]

I don't want to make light of serious matters, but

"Levi Lane lost his job because he got locked up. Now he makes balloon animals."

is a hard caption to keep a straight face for.

Aside from the balloon animals, great work, Buzzfeed. This shit sucks.
posted by redsparkler at 10:16 AM on October 8, 2015 [1 favorite]

I think this all goes back to the little known amendment 12.63: "Fuck the poor, especially if they be brown."
posted by Foam Pants at 10:26 AM on October 8, 2015 [1 favorite]

Robert Doty, presiding judge in Lubbock’s municipal court, said many defendants are “fine and dandy” with going to jail. “They get three meals a day,” he said, “and a bed to sleep in.”

He's just channeling Barbara Bush.
posted by quonsar II: smock fishpants and the temple of foon at 11:16 AM on October 8, 2015 [5 favorites]

“They get three meals a day,” he said, “and a bed to sleep in.”
...and if the jurisdiction is doing it right, a full day's work at 30 cents an hour for one of the state's most profitable corporations.
posted by oneswellfoop at 11:55 AM on October 8, 2015 [2 favorites]

...plus, at least in the county where I live, the jailed get charged for their meals, a fee that's much higher than money they can make while in jail.
posted by disclaimer at 12:01 PM on October 8, 2015

Hows about proportional fines for this sort of thing?

Then it's basically the less-regressive taxes that were cut, contributing to creating/increasing these fines as a revenue replacement. Will never do.
posted by phearlez at 12:04 PM on October 8, 2015

Here's what an offender in my county is expected to pay for their offenses, these are beyond the actual fine for the offense. Imagine the stress of this while trying to raise a child or family, or make child support payments, or just trying to get your shit together after jail or really any offense when you don't have any money.

What fees are the responsibility of the defendant/inmate to pay/repay?
Defendants who have been involved in a criminal matter with the Circuit Court may owe monies to Oakland County.

Defendants/Inmates may owe monies to Oakland County for:
- Court-appointed attorney services
- Court action that has been delayed
- Completed court action that ordered costs and/or a term of probation
- Board and care for a stay in the Oakland County Jail

What are the most common court-ordered fees? When do I have to pay them?
The most common fees ordered by the court include attorney fees, court costs, court fines, restitution, and crime victim rights fees. The fees may be due immediately upon sentencing. Fees not immediately due may be paid over time.

Are defendants charged for services provided by court-appointed attorneys?
Defendants receiving the services of a court-appointed attorney are ordered to repay the County. Payment arrangements should be made through the Reimbursement Division.

Are inmates charged for their stay in the county jail?
Inmates of the Oakland County Jail may be charged for room and board [MCLA 801.81]. Inmates should report to the Reimbursement Division for a financial interview to determine ability to pay and make payment arrangements.

If a bond has been posted by a defendant, can they get their bond money back?
Bond monies will be retained by the County to apply toward costs associated with the case [MCR 6.1061(3)].

Am I required to pay my court-ordered costs while I'm in Work Release?
Defendants in the Work Release facility are expected to pay for their housing expenses in addition to making regular payments on their account. Payments may be made at the Work Release facility or sent by mail. Defendants are expected to increase monthly payments to the Reimbursement Division, after release from Work Release, to reduce past due balances.
posted by disclaimer at 12:25 PM on October 8, 2015 [4 favorites]

To make my point a little more clear, it's great that they allow payment arrangements, although my experience with them is that they're punitive. You will violate your probation by missing a payment and usually go to jail for it. You will therefore owe more fees. I have friends that have been in this cycle for years.
posted by disclaimer at 12:32 PM on October 8, 2015

Talez: Would that pass constitutional muster? 14th amendment? Or if you made it something like 0.2% of your last reported yearly income would it satisfy it?

0.2% would still affect poor and rich disproportionately. .2% for someone that nets $50k/year might mean you can't go out to dinner that weekend. .2% for some that nets $10k might make it hard to buy groceries that week.
posted by nathan_teske at 12:37 PM on October 8, 2015 [2 favorites]

Disclaimer, thanks for putting all of that together. Really informative but so much rage inducing! It doesn't really matter to me whether they allow for payment plans because you should not be charged for room and board while in jail, for your court appointed attorney (they're court appointed because you couldn't afford one in the first place right?), or court costs. And keeping your bond to put towards expenses? Total BS.

Society in general has an interest in making sure laws are enforced and people are punished so everyone should pay.

I was under the impression that if you had fines, you could either pay them or sit in jail to pay them off at like $50 a day or so, more if you worked in the jail while you were there. I actually know this is how it used to be in my home county in Texas because people I know actually did that. They owed like $200 for a past ticket and would go in Friday and Saturday to sit it out. What usually ended up happening is people usually only sat for like half their fine because it cost the county so much to house you while you sat it out. I wonder if this is gone too now.
posted by LizBoBiz at 8:17 AM on October 9, 2015