IS YOUR CITY RUNNING A DEBTORS PRISON ? HARRIS v. CITY OF AUSTIN - PowerPoint PPT Presentation

 IS YOUR CITY RUNNING A “DEBTORS’ PRISON” ?  HARRIS v. CITY OF AUSTIN – 42 USC §1983  ON MARCH 16, 2016, A FEDERAL COURT HELD THAT THE CITY OF AUSTIN IS NOT BECAUSE “THE RELEVANT DECISIONS WERE MADE BY A MUNICIPAL JUDGE ACTING IN HIS JUDICIAL CAPACITY.”

CHRIS EDWARDS Assistant City Attorney, City of Austin chris.edwards@austintexas.gov 512-974-2419 JUDGE SHERRY STATMAN Presiding Judge, Austin Municipal Court sherry.statman@austintexas.gov 512-974-4842

 PLAINTIFFS SUED SEEKING CLASS ACTION STATUS  PLAINTIFFS CLAIMED THEY “FACE THE THREAT OF JAIL”  PLAINTIFFS RESOLVED THEIR TICKETS, AND JAIL WAS NO LONGER A THREAT  PLAINTIFFS AMENDED TO AVOID MOOTNESS

 ENTER KARIAN HARRIS  35, SINGLE, 7 KIDS, “CONTINUES TO DRIVE TO CARE FOR HER CHILDREN”  $6K YEAR, FOOD STAMPS, SEC. 8 HOUSING, FREE SCHOOL LUNCHES  ARRESTED & JAILED FOR TRAFFIC TICKETS  WITHOUT AN INDIGENCY HEARING, BEING OFFERED ALTERNATIVES TO JAIL, OR BEING APPOINTED COUNSEL

 14 th AMENDMENT – DUE PROCESS failure to inquire into ability to pay, or offer alternatives to jail  14 th AMENDMENT – EQUAL PROTECTION policy of jailing for traffic tickets solely because too poor to pay fines  14 th AMENDMENT – EQUAL PROTECTION discriminatory methods of debt collection  6 th AMENDMENT – RIGHT TO COUNSEL failure to appoint counsel

 THE COURT RECOGNIZED THAT “ DRIVING IS A PRIVILEGE , NOT A CONSTITUTIONAL RIGHT” THAT THE SUBSTITUTION OF KARIAN HARRIS HIGHLIGHTED THE DIFFICULTY IN THE “DEFINITION OF CLASS” AND “A LOT OF PEOPLE THAT AREN’T INDIGENT . . . WILL GET IN THE CLASS” THAT THEY COULD “GO TO THE LEGISLATURE, CHANGE THE LAW, GET A SPECIAL STATUTE”

 “The key question is whether the judge was acting in a judicial role or a non- judicial role .”  “The municipal judge hearing each individual case . . . acting in his judicial capacity makes the ultimate decisions.”  “A municipal judge’s illegal pronouncement does not become a non- judicial act merely because it is illegal.”

 AUSTIN, TEXAS  EL PASO, TEXAS  COLORADO CITY, TEXAS  FERGUSON, MISSOURI  CBS  FEDS

Missouri  Alabama  Ferguson   At least 4 local gov’ts Jennings   Colorado Tennessee   Colorado Springs Rutherford County  Texas  Georgia  Amarillo – Rule 12b6 granted   Dekalb County Austin – Rule 12b6 granted   Louisiana El Paso   New Orleans Harris County  Virginia  Michigan  Alexander County   Macomb County Washington   Mississippi Benton County   Biloxi Kennewick   Jackson

Legal System must honestly examine: Fear of Law Enforcement Ignorance of the law Disparate treatment Unintended consequences Public Safety

How to balance fairness for indigent defendants and public safety?  Simultaneous calls to examine practices regarding indigent defendants and to increase traffic enforcement  102 Traffic Deaths in Austin in 2015: Highest ever recorded  “Tickets may hurt but crashes can kill”

Source: http://www.austintexas.gov/page/vision-zero-documents

 Separation of Powers  Judges should not be swayed by ANYONE who favors enforcement of some laws over others…including City Councils, advocates, politicians, religious leaders, etc. etc.

 Educate court staff: what are the issues, what is the law?  Document , document, document  Transparency : easily obtainable court statistics

GOAL : work with defendants to avoid situations where they might be at risk for arrest. Request/discuss payment plans and community service  Request that jail credit be applied to cases  Hand in late paper work  Request extensions on court orders including payment and  community service plans Show hardship or inability to complete community service  Translators available  If defendants with warrants come in voluntarily, they will not be  arrested 2015: Austin Judges waived or reduced $470,406.98 in fees and fines 

GOAL : prevent incarceration of indigent defendants with hardships Texas CCP Art 45.0491 allows the waiver of fees/fines for  hardships. In custody and facing possible commitment for failure to complete  previously assigned community service, and indicates in the commitment proceeding that his or her failure was  due to a hardship, a judge may immediately release that defendant to appear at a  weekly hardship docket. defendants may provide any documentation they might have and  discuss their situation so that a judge can determine if waiver is appropriate

Looking to other jurisdictions for solutions

 Judges are public servants  Judges must be committed to educating ourselves  Judges must do the hard thing: take the time to mindfully examine each case and take the actions that are appropriate for that particular defendant and that set of circumstances