Editorial: Oregon court fees need to be applied fairly

Published 9:30 pm Tuesday, February 2, 2021

Justice should be fair no matter how much money a person makes.

But the rich can hire better lawyers. The rich have the money to be released from jail. The poor can be stuck in jail. The rich can afford to pay many fines. Fines can just drive the poor deeper into debt.

Oregon has started making some changes. There have been debates about moving away from a cash bail system to one based on risk factors.

This summer, the Oregon Legislature passed a law so people would no longer get their license suspended because they could not afford to pay the fines from traffic tickets. No car can mean no job, no significant income and no place to live. Putting people in that situation makes no sense. House Bill 4210 essentially prohibited the practice. People could still lose their license for public safety reasons but not for inability to pay fines.

This legislative session, the Legislature could take another step in the right direction. It’s a bill backed by Oregon Chief Justice Martha Walters. House Bill 2176 aims to eliminate the requirement that courts impose a minimum $50 fee to set up a payment plan for collecting court fines.

Oregon state law actually requires the Judicial Department “to add a fee ranging from $50 to $200 when a person cannot pay a judgment in full,” the department said in legislative testimony. “If a person cannot afford to pay a $75 fine in one payment, adding a $50 fee to set up a payment plan is unfairly burdensome.”

The bill also has a second component. A court can adjust fines and fees in a judgment in Oregon, but only if the judgment does not include restitution or a compensatory fine. The change would allow adjustments to fines and fees even in those cases. Crime victims would still retain their right to receive restitution.

Oregon’s courts need to have the flexibility to take into account the inequitable burden fines and fees can have on the justice system. Make the change.

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