Findings from the Jefferson County Equitable Fines and Fees Project

By Sarah Picard, Leah Nelson, Rae Walker, Kasey Eickmeyer, and Ellie Wilson

Every year, courts across the United States impose millions of dollars in fines, fees, and restitution on people convicted of traffic violations, misdemeanors, and felonies. Collectively, monetary sanctions and other criminal justice fees are referred to as legal financial obligations or simply court debt. Ostensibly, court debt is intended to sanction offenders, recover the costs of running a court system, raise revenue, and compensate victims of crime. In most jurisdictions, however, court debt is assessed without considering an individual’s ability to pay, and much of what is owed goes uncollected. Estimates suggest that there are approximately $27.6 billion in outstanding obligations. In addition to being an unreliable source of revenue, court debt can have severe and long-standing consequences for those who owe, exposing them to increasing debt, future incarceration related to unpaid debt, and the suspension of voting rights, among other collateral consequences. In jurisdictions across the country, court debt also has a disproportionate effect on the economically disadvantaged, as well as Black and Latino individuals and communities. Many of the equity and collateral consequences described above hold true for court debt assessment and collection in Jefferson County and across Alabama, as documented in a 2018 survey with over 800 Alabama residents who owed court debt. This research attracted the attention of judges in the Tenth Circuit Court in Jefferson County (home to Birmingham) who worked with Leah Nelson, lead researcher on the 2018 survey, and MDRC to develop the Jefferson County Equitable Fines and Fees (JEFF) Project, a multidisciplinary study of the scope and consequences of court debt in the county. With funding from Arnold Ventures, the JEFF Project began in 2022. The findings in this report reflect multiple lines of inquiry, including descriptive and inferential analyses of five years of case-level court data, in-depth interviews with court practitioners, and focus group discussions with individuals who have direct experience with court debt in Jefferson County. Taken together, these analyses point to a system that is neither effective in generating revenue for the court, nor fair, given its outsized impact on Black and indigent people living in poor communities. Over the five years of the study, just under half of the individuals who owed court debt paid in full, with many seeing their debt burden grow over time. The research team also isolated some of the major factors that contribute to debt growth, which include race and economic disadvantage, in addition to factors related to how debt is collected, most notably the practice of assessing a 30 percent late fee on those who do not submit a payment within 90 days. Both court practitioners and individuals who are directly affected viewed the current system as broken, with the latter describing serious financial, emotional, and collateral consequences. Findings from the JEFF Project have already prompted the reconsideration of current practices in Jefferson County, including a pilot project to reduce debt burdens and encourage payments, and the creation of a statewide task force that will examine fines and fees across Alabama. Finally, given that Jefferson County is home to a midsized  city situated in a fiscally and socially conservative state, its social and geographic characteristics make it a useful reference for many cities and counties looking to make changes in their fines and fees systems.