DEPARTMENT: Municipal Court
DEPARTMENT HEAD: John W. Bull, Presiding Judge
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
A Municipal Court update regarding compliance with items listed in U.S. Department of Justice letter, dated March 14, 2016.
SUMMARY:
The following is an update for the Criminal Justice, Public Safety and Services Committee on judicial operations as they relate to the concerns listed in the U.S. Department of Justice ("DOJ") letter dated March 14, 2016. The San Antonio Municipal Court ("Court") has the personnel, policies and procedures in place to ensure that the concerns raised by the DOJ do not occur.
BACKGROUND INFORMATION:
The U.S. Department of Justice Letter:
As a result of the DOJ investigation into police and court practices in Ferguson, Missouri, the DOJ issued a letter to all state and local courts in the United States which listed common practices the DOJ deemed "unlawful" and "run afoul of the United States Constitution or other federal laws." The practices identified by the DOJ can be summarized into the following areas:
1) Incarceration - Courts must not incarcerate a person for nonpayment of fines or fees without conducting an indigency determination and establishing that the failure to pay was willful; Courts must consider alternatives to incarceration for indigent defendants unable to pay fines and fees; Courts must not employ bail or bond practices that cause indigent defendants to remain incarcerated solely because they cannot afford to pay for their release;
2) Access to Courts and Adequate Notice - Courts should not condition access to a judicial hearing on prepayment of fines or fees, and Courts should provide meaningful notice when enforcing fines and fees;
3) Warrants - Courts must not issue warrants for failure to pay without providing adequate notice to a defendant, a hearing where the defendant's ability to pay is assessed; and other basic procedural protections; and
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