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Texas Criminal Court Fees are a Tax on Poor Defendants
by Matt Clarke
The Texas legislature has erected such a hodgepodge of criminal court fees that even the court administrators and clerks don’t know how to apply them. These fees, which are frequently not used for their intended purposes, amount to a hidden tax on the poorest members of society …
The Texas legislature has erected such a hodgepodge of criminal court fees that even the court administrators and clerks don’t know how to apply them. These fees, which are frequently not used for their intended purposes, amount to a hidden tax on the poorest members of society …
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More from this issue:
- Corizon Needs a Checkup: Problems with Privatized Correctional Healthcare, by Greg Dober
- Florida County Agrees to Pay $4 Million to Deceased Prisoner’s Estate, by Derek Gilna
- Seventh Circuit Upholds Removal of Prisoner’s Dreadlocks
- Second Circuit Vacates Magistrate’s Judgment Entered without Consent
- From the Editor, by Paul Wright
- Why There’s an Even Larger Racial Disparity in Private Prisons Than in Public Ones, by Katie Rose Quandt
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, by John Dannenberg
- When Victims Speak Up in Court – in Defense of the Criminals, by Andrew Cohen
- Texas Criminal Court Fees are a Tax on Poor Defendants, by Matthew Clarke
- Oregon Jail Guard Quits, Divorces Wife for Former Prisoner
- South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date
- California Female Prisoners Sterilized
- Kentucky Supreme Court: Probation Cannot be Extended for Sex Offender Treatment
- Former Detainee Alleges Unconstitutional Conditions at Illinois Jail, Accepts $7,501 Judgment
- Seventh Circuit Upholds FTCA Venue Transfer
- Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse
- Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence
- Washington Jail Denied Good Time without Due Process; Rehearing Ordered
- Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation, by Matthew Clarke
- California County Not Liable for Misconduct of Jail Guard Not Acting within Scope of Employment
- Second Circuit: Videoconference at Resentencing Violates Right to be Present
- Taylor County, Texas Rarely Disciplines Jailers
- Eighth Circuit: Denial of Nominal Damages Jury Instruction was Improper
- D.C. Circuit Holds PLRA’s Exhaustion Requirement Inapplicable to Former Prisoner
- Michigan Parole and Probation Supervision Scrutinized; Three Officials Fired
- The Federal Tort Claims Act: A Primer, by Derek Gilna
- Psst! Hey Man, Need Some Execution Drugs?
- A Rare Look Inside the Maine State Prison's "Supermax", by Lance Tapley
- Video Visitation a Growing Trend, but Concerns Remain
- Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed
- PLRA Does Not Permit Waiver of Court-ordered Answer
- Businesses, Members of Congress Not Happy with UNICOR, by Derek Gilna
- New Hampshire Prisoners Suspected of Breaching Prison Computer System
- Lawsuits filed over Oregon Jail Death
- Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption
- News in Brief
More from Matthew Clarke:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Kentucky Supreme Court Voids Prisoner’s $10,972 Jail Fee, July 15, 2025. Booking Fees, Supervision Fee, Ability to Pay.
- Pennsylvania County Forgives $65 Million in Jail Pay-to-Stay Fees, March 1, 2025. Seizure of Prisoner Funds, Booking Fees.
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, Aug. 15, 2024. Filing Fees, Indigent Defendants - Fees and Expenses, In Forma Pauperis.
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care, May 1, 2024. Medical, Seizure of Prisoner Funds, Booking Fees.
- Former Connecticut Prisoner’s Challenge Proceeds Against “Pay-to-Stay” Fees, Sept. 15, 2023. Seizure of Prisoner Funds, Booking Fees, Constitutional Challenges/Law.
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, Feb. 1, 2023. Filing Fees, 42 U.S. Code § 1983, civil action for deprivation of rights, Amendments to Petition.
- Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed, June 1, 2022. Booking Fees, Reimbursement of Costs, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- California First State to Eliminate Post-Prison Fees, Dec. 1, 2020. Booking Fees, Indigent Defendants - Fees and Expenses.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.

