Posted by MAM on 4/13/05

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In March of last year, I was stopped and ticketed by a
traffic officer in a Dallas, TX suburb. The charges were
expired registration, expired inspection and failure to
maintain financial responsibility (FMFR, "no insurance").

Ten days later, in early April, I made my first appearance
at the municipal court to enter my plea (nolo
contendere). I was given three fines in the total amount
of $540 for the three charges. I was given 30 days to pay
OR return in that time for a payment plan. I am disabled
and have a SSI case pending... but the process is very
slow and time-consuming, and can take several appeals
before the award is made. Hence, I have no income at
all. That was also the case then. OH--I WAS NOT PERMITTED
AN APPOINTED ATTORNEY BECAUSE THE CASE WAS "SO MINOR". I
was also advised that I had better not employ an attorney
at my expense because it would be ruled that "IF YOU HAVE
MONEY FOR AN ATTORNEY, YOU HAVE MONEY FOR THE FINES AND
YOU'LL BE FOUND IN CONTEMPT". Forget pro bono
attorneys... there is no such thing for cases like this.

I returned in the thirty day period, still unable to pay.
I wasn't even able to make the minimum payment of $50
every two weeks. And, of course, Texas adds on $25 per
case for payment plans over 30 days, or an additional $75
added to my total. That brought the new balance up to
$615. Obviously, if I couldn't pay $540, then I was less
able to pay $615. I was advised at that time that I had
three options: pay the whole amount due, the payment plan,
or an indigency hearing. I elected the hearing, since I
literally didn't have a dollar to my name.

The clerk told me that I had to return in one week to pick
up a financial declaration form that itemized every single
thing that I own, from the butter knife and my clothing to
the yacht (ha, like I have one...). I had to list all
expenses, rent, bills, etc. I also was told to return the
following day for the hearing. Yes, I had 24 hours to
complete the form. The clerk also told me that "in all
her years on the (town court) bench, the judge has only
found one person to be indigent... you better be prepared
to go to jail tomorrow."

During the week before I picked up the form, I obtained
statements from my doctor attesting to my
disability/inability to work, from my friend with whom I
live in exchange for household chores and tutoring stating
that I live there and would be on the street otherwise,
and from character witnesses who know that I have
absolutely no assets. I included those statements with my
affadavit and presented all of this info to the judge. I
also requested a reduction in the amount due-- denied. I
requested a smaller payment installment-- denied. I
requested community service-- denied. Instead, she
reviewed the papers. Then she looked at me and said, "You
just need to get a job. I don't care what this doctor
said; you need to get a job." She also said, "I see that
you have two cats. Get rid of them-- then you'll have
money to pay your fines." My cats are considered as bona
fide therapy animals by my doctor, and I said so. The
judge just blew it off. So, she put me back on the
payment plan that I couldn't afford.

For about 2 months, I was selling my blood plasma to raise
the funds, while trying to find a job even with the
disability. I was using the money from my plasma to pay
the fines until I developed serious health problems. I
had donated plasma so frequently and for such a period of
time that it caused my medicine levels to get too high,
and I got sick. Therefore, I had to stop donating and no
longer could get the money to pay the fines. I went back
on the next payment date and explained the situation. The
clerk had me write a letter to the judge. A week or so
later (in late August/early September), the judge wrote
back and gave me 30 days to pay the entire amount... now
$365. I couldn't come up with it, and while I was trying,
I called to see if the court would allow me to pay
off "one whole case at a time" instead of all of it at
once or instead of the original installments. No, I had
to pay all of it and if I came in with just one fine, I'd
be arrested for the other. OH-- EACH TIME I MADE A
PAYMENT, I WAS FORCED, UNDER THREAT OF CONTEMPT, TO SIGN A
STATEMENT THAT 'I AM NOT INDIGENT'. I KNOW-- I SHOULD NOT
HAVE SIGNED THAT PAPER, BUT I WAS THREATENED WITH JAIL,
HAD NO COUNSEL, NO ONE TO HELP... AND I WAS SCARED. What
choice did I have? If I didn't sign, I would have been
hauled off right then! If I turn around and say that I
was coerced, then I get threatened with "perjury".

After the 30 days ended and I still couldn't pay, the
judge issued warrants on the two remaining cases (I had
managed to pay one in full through installments and almost
had the second paid off). That added $50 more per case,
so now the balance is up to $465. At $50 per day, it
would take me about 10 days to "sit out" the fines and
costs.

It's my understanding that "it is a denial of equal
protection to limit punishment to payment of a fine for
those who are able to pay it but to convert the fine to
imprisonment for those who are unable to pay it." (TATE v.
SHORT, 401 U.S. 395 (1971)). Link:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?
court=us&vol=401&invol=395

And, "though a State has considerable latitude in fixing
the punishment for state crimes and may impose alternative
sanctions, it may not under the Equal Protection Clause
subject a certain class of convicted defendants to a
period of imprisonment beyond the statutory maximum solely
by reason of their indigency." (WILLIAMS v. ILLINOIS, 399
U.S. 235 (1970)). Link: http://caselaw.lp.findlaw.com/cgi-
bin/getcase.pl?navby=case&court=us&vol=399&invol=235

Further, while I'm not on "probation"... my liberty
is "conditional". That is, as long as I pay the
fine/"have money" (or don't get arrested by some marshal
coming to my home on the warrant), I can keep my
liberty. "A sentencing court cannot properly revoke a
defendant's probation for failure to pay a fine and make
restitution, absent evidence and findings that he was
somehow responsible for the failure or that alternative
forms of punishment were inadequate to meet the State's
interest in punishment and deterrence..." (BEARDEN v.
GEORGIA, 461 U.S. 660 (1983))
Link:http://caselaw.lp.findlaw.com/scripts/getcase.pl?
court=us&vol=461&invol=660 However, when I respectfully
and peacefully attempted to point this out to the judge, I
was again threatened with contempt... of course, I would
have had NO lawyer to represent me in that matter, either.

So, what can I do? A: Is there actual violation of due
process? B: Should this judge be reported? I'm
considering it! C: Since I have found NO ONE to help me
thus far, am I too late to do anything about this? I
can't even find a legal clinic or pro bono to help me!

The Star Chamber... due process violations?, 4/13/05, by MAM.

Due Process Chatboard

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