Judge Told to Stop Jailing Poor People Who Can't Pay Fees

EASTPOINTE, MI – A judge who was sued by the American Civil Liberties Union of Michigan has agreed to stop routinely using a “pay or stay” practice that throws poor defendants in jail simply because they can’t pay court fines and fees.

The Macomb County Circuit Court’s order Tuesday settles the case filed against 38th District Court Judge Carl F. Gerds III, Eastpointe’s only district court judge. Gerds has agreed to stop jailing poor defendants who can’t pay up, the ACLU said.

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“We’re elated about the court’s order because it upholds a basic principle of fairness in our nation — that nobody should be jailed just because he or she is too poor to pay fines, fees and costs,” Michael J. Steinberg, ACLU Michigan’s ’s legal director, said in a statement “We are relieved to know that defendants in Eastpointe no longer have to worry about landing in what amounts to illegal debtors’ prisons.”

The ACLU sued Gerds last year, arguing that he routinely throws indigent defendants in jail, including Eastpointe resident Donna Anderson, who faced jail time because she couldn’t pay a $455 fine related to a minor dog-ordinance infraction.

The ACLU argued “pay or stay” sentencing is unconstitutional because it creates a two-tier system of justice: A person of means could pay money and remain free, whereas poor people who could not afford to pay faced jail.

The U.S. Supreme Court established a precedent decades ago that requires judges to ascertain a defendant’s ability to pay fines and court costs, and develop payment plans, reduce the amount owed or craft an alternative sentence, such as community service, for those who can’t pay.

The order comes nearly two months after the Michigan Supreme Court announced justices are considering a series of reforms to state court rules designed to stop judges from jailing indigent defendants based on their inability to pay. It’s unclear how many judges use the “pay or stay” model because the new rules don’t address that.

The new Michigan Supreme Court rules are almost identical to the rules Gerds was ordered to follow, the ACLU said.

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