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Judge David Robinson Jr. (36th District Court photo)
A program that cracks down on people who don't pay traffic tickets is meant to generate more revenues for cash-strapped Detroit. Those who don't pay go to jail.
But Bridge Magazine finds that the policy in Detroit's 36th District Court may actually cost more than it collects, puts an added burden on jail facilities and may violate state court rules.
Michigan law and rules from the Michigan State Court Administrative Office say judges should consider a defendant’s ability to pay a fine whenever jail is on the line. Sarah Alvarez wrtites:
In January and February alone, county taxpayers paid to jail 256 people who didn’t pay traffic tickets, according to records obtained from the Wayne County Jail through the state’s Freedom of Information Act.
A review of hundreds of jail and district court records shows they were jailed for an average of four days at a cost to taxpayers of $600 apiece, but in most cases they owed fines totaling half that amount.
In extreme cases, defendants convicted of driving with a suspended license owed just $315 but stayed in jail for seven days, at a cost to taxpayers of about $1,050, according to jail and district court records.
Then there's the legality of it all.
Stock image from Deposit Photos
Detroit's 36th District Court Judge David S. Robinson Jr. says that he doesn't typically hold hearings to determine if defendants have the ability to pay.
“It is wrong and illegal to sentence a defendant to jail because of a debt owed to the court without first holding a hearing to determine the defendant’s ability to pay,” 51th District Judge Thomas Boyd, president of the Michigan District Judges Association, tells Bridge.
“Any court sending a defendant to jail should be holding a hearing or proving a judge already did that hearing.”
