Oklahoma judges crack down on fees

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Oklahoma judges crack down on fees
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Oklahoma judges crack down on fees
Criminals may pay more as courts try to offset 7 percent decrease in funding
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Buzz up!BY NOLAN CLAY
Published: August 31, 2009
Criminals in Oklahoma could soon pay more in fines as judges look for ways to overcome a loss in taxpayer dollars.

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"We ... want to impress upon you — if you’re not already impressed with it — the urgency of your mission,” state Supreme Court Chief Justice James E. Edmondson has told judges. "I cannot tell you how important this is.”

Judges are encouraged at workshops to raise fines in certain instances and to not forgive court costs. They also have been told they should require those getting probation to pay more upfront.

A handbook encourages "defendants to pay their fines, fees and costs by credit card.”

The state judiciary depends mostly on fines and court costs for its operations, but it also gets state funds. The Legislature appropriated 7 percent less this fiscal year for court operations. Further cuts are expected. The Supreme Court responded by sponsoring workshops for judges to improve court cost collections. The workshops begin with a recorded statement from the chief justice.

Prosecutors and defense attorneys often work out punishments through plea negotiations. Judges say prosecutors many times don’t bother to include fines in the deals.

Judges are being encouraged to reject plea agreements with unacceptably low fines.

"I would suggest to you that a plea bargain that does not take into consideration the court which must accept it, ratify it and enforce it is one that should be looked at askance,” Edmondson said.

In an example shown at the workshops, a judge rejects a plea deal for a burglar to pay a $1 fine and $200 to the Oklahoma Crime Victims Compensation Fund. In the demonstration, the judge accepts the plea deal once the fine is raised to $250 and the victims fund payment is changed to $50.

Judges are specifically told the victims fund payment should not be more than the fine.

Officials say the chief message of the workshops is to be persistent in collecting fines and court costs already imposed.

Not all court costs go to fund court operations. Some of the money instead to the Oklahoma Highway Patrol, the Oklahoma State Bureau of Investigation, the District Attorneys Council and other places. Criminals often also have to pay additional amounts for time spent in jails or to prosecutors for probation supervision.

Oklahoma County Public Defender Bob Ravitz and other defense attorneys say the financial burden interferes with rehabilitation efforts.

"The full scope of these is just too much,” he said.

He said substance abusers in particular are likely to relapse into drug use because of depression over their bills.