Best News: Justice Department: States Should Not Jail Poor People Over Fine Nonpayment

WASHINGTON — The Justice Department is discouraging state court systems from jailing defendants who fail to pay fines or fees, warning against practices that it says run afoul of the Constitution and erode community trust.

A letter being sent Monday by the federal government to state court administrators makes clear that judges should consider alternatives to jail for poor defendants who don't pay their fines. It also says defendants should not be locked up without a judge first establishing that a defendant who failed to pay did so willfully.

The memo comes out of a December meeting involving judges, court administrators, prosecutors and others to discuss improvements in how court fees and fines are assessed.

The new guidance comes amid concerns that some local courts are effectively punishing poor people for their poverty by imposing crippling fines and fees that, when unpaid, can result in jail time. That practice was exposed last year in a scathing federal report on the Ferguson, Missouri city government in which the Justice Department concluded that the municipal court prioritized revenue over safety and routinely issued arrest warrants to residents who had failed to pay fines for petty offenses.