Fight to cut back court fees continues

Advocates rallied Monday in support of legislation to end certain court fees. Photo via Center For Community Alternatives

By Rachel Vick

Amid continued pandemic hardship and a push to decrease the Rikers Island detainee population, advocates and lawmakers are urging the passage of legislation to stop court, parole and probation fees. 

The End Predatory Court Fees Act would eliminate the fines that, if unpaid, can lead to arrest and incarceration — situations advocates say criminalizes poverty.

“We are here to raise our voices, to exercise the power of the people and demand an end to the predatory and dangerous reliance on court fees,” said Marvin Mayfield, the lead statewide organizer at Center for Community Alternatives. “This is a repressive revenue source that traps millions of low income residents in a vicious cycle of debt and punishment.”

The legislation would also eliminate the mandatory surcharge and minimum fines in favor of fines based on a person’s ability to pay, and it would disallow the seizure of commissary accounts and incarceration for unpaid fines and fees.

Campaign Leader from the Center for Community Alternatives and Jamaica resident Peggy Herrera shared her own experience trying to juggle fees and meet everyday expenses. In August of 2019 she was arrested after insisting her son remain in their home when police came to remove him, who she said previously had a mental health incident on the street.

“My arrest has not just caused emotional hardship for my family but financial strain as well,” said Herrerra, whose family’s fees totaled $12,000 and sent her into debt. “Every time I pay my bill I breathe a little easier but it shouldn't have to be this way.”

Many speakers at a Manhattan rally Monday recounted nights spent in jail over unpaid fees, lingering fear of incarceration among those who are unsure if their debts are settled and frustration over fees levied for probation interviews

TJ Shivers — who said she isn’t sure of the status of contested fines — was particularly frustrated at having to pay community service-related fees.

“They wanted me to pay for community service, why should I have to pay out of my pocket to help my community when I do that for free,” Shivers said. “That doesn't make sense. “

“Nobody’s explaining where my money is going,” she added. “We are struggling; people can’t afford to put food on their table, so how are we going to pay fines and fees?”

Shivers said that adding insult to injury was the lack of transparency about where the money collected through fines and fees go, because it “could at least go back into the community.”

The fees, though imposed by the courts, are determined by the legislature. New York’s court fees are among the highest in the country, according to a 2019 study.

Sponsors Assemblymember Yuh-Line Niou and State Sen. Julia Salazar were joined by U.S. Rep. Jerry Nadler, who committed to supporting the legislation on a federal level.

"Mandatory and excessive court fees are the ugly face of a justice system that offers one standard for the wealthy and another for the poor," Niou said. “This is a system designed to criminalize poverty. To marginalize New Yorkers who can't pay the arbitrary revenue-generating court fees baked into every step in our state's legal process.

“New Yorkers deserve a justice system that works fairly for all — not just those who can afford to pay its endless surcharges," she added.

Both bills — which each have Queens co-sponsors — are currently in committee.