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| BILL OXFORD | UNSPLASH |
| An analysis data from North Carolina’s Civil Case Processing System found that the conversion of court fines and fees to civil judgments leaves indigent defendants with more debt little chance of economic mobility. |
Prohibitive court costs and fines keep indigent North Carolinians tied to the criminal justice system while barring any chance at economic mobility, a statewide study found.
The report “Waiving Criminal Court Fees Prevents Harms of Civil Debt” conducted by the Center for Responsible Lending, Forward Justice, and North Carolina Justice Center, found that state-imposed fines and fees that often add up to thousands of dollars have a negative impact on people who can’t afford to pay. The study found the practice of converting fines and fees into civil judgments is becoming increasingly common. But little civil debt is paid off, leaving poor defendants subject to judgments that leads to dire economic repercussions.
“The criminalization of poverty is a major, yet neglected crisis in North Carolina,” said co-author Whitley Carpenter, senior criminal justice counsel and policy manager at Forward Justice. “We hope that this report brings more awareness to the burdens that criminal court fines and fees have on the poorest people in our communities and the heightened burden that follows by converting those fines and fees into civil judgments.”
The report analyzed data from North Carolina’s Civil Case Processing System for the costs of civil judgment conversions. The study found that while cases where criminal financial obligations were converted to civil judgments increased from 2015-22, few judgments were recovered.
The analysis showed:
• Judges ordered more than $94 million of criminal financial obligations docketed as civil judgments in 375,000 cases from 2017-21.
• 4.7% or $4.5 million was collected by the end of 2021.
• About 29% or $27.7 million of obligations were for attorney’s fees owed by indigent defendants.
Civil debt can’t be waived regardless of a person’s ability to pay. Indigent defendants facing judgments could accrue interest rate of 8%, lose the chance to have their underlying criminal record expunged, and face difficulty finding a job or housing. Their state tax refunds could be seized and credit scores negatively impacted.
“Our report provides evidence that a high number of justice-involved North Carolinians are being saddled with a long-term, damaging burden of debt when the law requires—and a simple order facilitates—relief from financial obligations for those who cannot afford them,” said Rochelle Sparko, director of North Carolina policy at the Durham-based Center for Responsible Lending. “Given the significant financial challenges experienced by most folks involved in the justice system, our judges and lawyers have a duty to consider the circumstances of each defendant and to discuss potential adverse consequences when considering converting versus waiving fines and fees.”
The U.S. Constitution and North Carolina law require state courts to provide relief for people who can’t afford to pay their criminal financial obligations. The report recommend lawyers request waiver of fines and fees for eligible defendants by filing the appropriate court forms and judges waive the fines and fees instead of converting them to civil judgements.
“NC courts should assess a person’s ability to pay before imposing unaffordable fines and fees and waive or reduce the fines and fees for those who can’t afford to pay,” Carpenter said.
Said Laura Webb, project director for the Fair Chance Criminal Justice Project, NC Justice Center: “Like many, I initially believed converting criminal justice fines and fees into civil judgments was beneficial because it may prevent incarceration or extended probation. However, after working with people experiencing the consequences of civil judgment, it is readily apparent there are major consequences to conversion that can destabilize already vulnerable families.”
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