Letter to the Editor: Delaware’s system of fines and fees is illogical

In its first “Fines and Fees Index,” the National Center for Access to Justice (NCAJ) at Fordham University School of Law ranked Delaware 47th out of 51 states and the District of Columbia, ahead of only Wyoming, Alabama, Arkansas and Kansas. Evaluating Delaware’s system against 17 best practices, the NCAJ scored Delaware 8 out of 100.

Have you every walked across someone else’s lawn? Played music loudly outdoors? Conviction in Delaware of misdemeanors like these means a fine, plus fees for court services. Your $100 fine can become your $500 liability. Don’t pay and you can be jailed and have your driver’s license suspended.

This is not an academic problem. In Delaware, 85% of defendants are indigent. In 2017, Delaware issued 44,889 warrants solely for nonpayment of court fees. In the first half of 2018, Delaware sentenced 129 people to jail solely for not paying court fees. In 2017, licenses for 20,679 Delawareans were suspended for unpaid fines and fees.

Does it make sense to jail someone for failure to pay whose failure is due to indigence? No, this is counterproductive.

Does it make sense to suspend someone’s driver’s license, making it harder for them to work to pay the fees and fines? No, driver’s licenses should be suspended only for issues related to driving.

You can help change this system of debtors’ prisons. Tell your Delaware senator and representative that this illogical and counterproductive system must be addressed in the current legislative year.

Moira Donoghue

Wilmington