Resources for
Attorneys & Judges
Fines and Fees
Are you a Judge or Lawyer in Tennessee who wishes to help address the problem of criminalization poverty in Tennessee through fines and fees?
PFM Report- Reducing Reliance on Criminal Fines and Fees
Lawyers can find a summary of this report here:
PFM Report Summary. Lawyers.pdfJudges can file a summary of this report here:
Judges PFM Report Summary.pdfAddressing the issue begins with ensuring individuals in the system, lawyers, and judges are adequately informed.
You can accomplish this goal by sharing the following information flyer with your clients, friends, and individuals who appear in your courtroom:
Resized Fines & Court Cost Palm Cards (8 ×16in).pdfWhen Can Fines and Fees Be Waived?
Cost Waiver Cheat Sheet.pdf
License Related Fees
As judges, what can you do to prevent individuals’ progress from being hindered and delayed due to financial restraints?
At the time of disposition, consider whether the individual is able to pay the citation amount required. Is the individual financially able to pay this amount, plus the court costs?
Consider using your discretion to reduce the citation amount and waive court costs, See Tenn. Code Ann. §40-24-105(6)(A), or even dismissing or retiring the citation.
Educate Justice Involved Individuals: It is important to educate individuals who are proceeding pro se on the implications of pleading to a citation offense. This allows an individual to make a well-informed decision on how to proceed forward.
An example is when an individual is issued a proof of insurance citation. If they pay this citation, a report will be sent to the Department of Safety which requires them to not only pay the $65 dollar reinstatement fee, but show proof of insurance before reissuance of their license. If an individual is unable to afford to purchase insurance but needs a license for other purposes, paying the citation will put them in a financial bind.
Lawyers
Knowledge is Key: Before a hearing, be aware of your client’s financial situation and their ability to pay. This puts you in a better position to advocate for the best resolution for your client.
Educate: Inform client on the practical effects of paying citations/vs having a hearing and what they will be required to do for each.
This begins with you being informed on what the Dept of Safety will require if the citation is paid.
Contact the Department of Safety: https://www.tn.gov/safety/contact.html
Relevant Educational Studies
Add in helpful news/sources after this as “buttons” in a row hyperlinked to these articles
Criminal Justice Fees & Fines: 11 Options for Tennessee Policymakers:
https://sycamoretn.org/criminal-justice-fees-fines-11-policy-options/
Report Urges Nashville To Cut Back On Criminal Justice Fines And Fees:
https://wpln.org/post/report-urges-nashville-to-cut-back-on-criminal-justice-fines-and-fees/Beyond Payment Plans: Breaking the Cycle of Court Debt in TN:
beyond-payment-plans-breaking-the-cycle-of-court-debt-in-tennessee.pdfDriver’s License Revocations are an Ineffective Policy for Increasing Court Collection:
drivers-license-revocation-policy-brief.pdf