The High Price of “Justice”

“The court is in session.” And so is ENJAN’s court watching program! It felt good to be back in the courtroom again. The docket was full, but the courtroom was strangely empty thanks to capacity restrictions in response to the COVID pandemic. All defendants, visitors, and attorneys were required to wear a mask and take a seat on an X, marked in blue tape six feet from the next person, while others waited outside until their cases were called. The judge wore a transparent face shield. In light of the continuing cases of COVID—still over 600 in Dutchess County at the time—the precautions seemed warranted, rational... even judicious.

Unfortunately, the outcomes of a few cases seemed distinctly less rational and judicious. One stands out in particular: an African American man charged with committing robbery in the first degree. Because the defendant had presumably been armed with a deadly weapon, the charge was a class B felony. Yet, after he strode to the blue X on the floor where defendants were required to stand, the case materialized into something else. His attorney—a public defender—had worked out a plea deal with the district attorney’s office: he would plead guilty to disorderly conduct (a mere violation) in exchange for accepting a two-year order of protection prohibiting him from having contact with the other man involved in the altercation that led to his arrest. This plea deal also came with a conditional discharge—that is, no jail time or community supervision (probation). Either there was insufficient evidence for the original charge or no robbery had in fact taken place.

In presenting the deal to the judge, the public defender mentioned that it was important that the court fee, levied at every conviction, be kept low because her client did not have any money or income. The judge initially said nothing, but then announced the sentence: $120 in court fees—and a $200 fine. When the public defender protested that the fine was not part of the deal, the judge threatened to withdraw the plea and leave the original charge in place. Though the district attorney’s office had agreed to the lower charge and conditions, the judge imposed a stiffer sentence. Faced with no alternative, her client reluctantly accepted the sentence.

While judges always have the right to impose a different sentence than requested by the district attorney’s office, the outcome in this case is part of a regressive policy that, according to a report by the Fines and Fees Justice Center (FFJC), amounts to a “racialized tax” reminiscent of the Jim Crow era (p. 4). Fines are supposed to punish people for their misdeeds but mandatory fees are in reality a revenue-generating mechanism for state and local government that extracts wealth from the poorest New Yorkers. Over the decades, the state legislature, which sets these fees, has increased them well above and beyond the rate of inflation. Moreover, because the state fails to keep the mandated records on how this revenue is spent, this regressive system is entirely unaccountable. 

For individuals without a (steady) job that pays a living wage, even a one-time $200 fine and a $120 fee can produce years of headache. If individuals are unable to make payments on their fines and fees, they must reappear regularly (often monthly) before the court to explain their circumstances. If they happen to have a job, appearing in court often requires taking time off of work, which seems to defeat the purpose. And if they fail to appear, the judge may issue a bench warrant, which means that they could be re-arrested. This system amounts to a criminalization of poverty that disproportionately affects people of color. It’s time to end this racist system. For more information on how to get involved, visit the “No Price on Justice” Campaign or ENJAN.