Civil Rights Group: City of El Paso will jail fewer people for not paying traffic fines

The City of El Paso will jail fewer people for not paying traffic fines after reaching a settlement with the Texas Civil Rights Project (TCRP) and El Paso attorneys Enrique Moreno and Lynn Coyle, the TCRP said.

The settlement regards the rights of indigent defendants in the City’s Municipal Court. The TCRP said the litigation will lead to major changes resulting in fewer people being sent to jail in El Paso because they were unable to pay fines.

In 2016, TCRP filed a lawsuit on behalf of two Texans incarcerated because they were unable to pay mounting fines for traffic tickets.

“This is an important agreement that we have reached with the City of El Paso,” said Natalia Cornelio, Criminal Justice Reform Director with the Texas Civil Rights Project, “The City is doing the right thing for the people. Incarceration separates families and causes the loss of jobs.”

Cornelio said Carina Canaan, plaintiff in the case, spent more than a week in jail while pregnant because she was unable to pay traffic tickets. “This is wrong, and must never happen. We are hopeful that this settlement will not only help El Pasoans, but all Texans who are at risk of being incarcerated simply for being unable to pay municipal fines,” said Cornelio in a news release.

Canaan said “no one should be thrown in jail because they can’t afford to pay off a traffic ticket … From now on, people will be asked what they can and cannot afford to pay, and given the option of community service.”

Levi Lane, a plaintiff in the case who lost his job after he was jailed for not paying fines, said he never thought he would see these changes. “The system was not fair to us … it’s so important for the court to make sure that people can actually afford to pay fines and fees before it assumes they’re just refusing to do so. I’m glad we were able to make a difference for the people that come after us.”

The TCRP said the law states a person “must willfully refuse to pay a fine in order to be incarcerated for not paying a fine.”

The TCRP said the City of El Paso “created a culture and practice demanding that citation recipients ‘pay or go to jail,’ sending thousands of persons to jail annually for failure to pay tickets, regardless of whether they could actually pay. These practices amounted to an unconstitutional debtors’ prison, the long-outlawed institution of incarcerating persons for being unable to pay debts.”

According to the TCRP, the City of El Paso has implemented reforms, and as part of the settlement, has formally agreed to respect the rights of defendants who struggle to pay municipal court fees, tickets, and other fines by:

1) Offering payment plans without first requiring a percentage down payment.

2) Notifying defendants of their right to have their ability to pay considered, and their right to request community service instead of a fine.

3) Recalling warrants when someone is making a good faith effort to pay fines.

4) Ensuring that defendants can request extensions on their payment schedules.

5) Setting a hearing for any defendant who has not appeared in court or not paid a fine for a traffic ticket to determine whether they are able to pay before the issuance of any warrant.

6) The settlement makes it clear that the City of El Paso must not mislead defendants who are faced with outstanding fines about their rights and options. TCRP and co-counsel Moreno and Coyle are proud of the City of El Paso’s commitment to provide meaningful alternatives to incarceration to persons who cannot afford to pay fines.

In a statement emailed to ABC-7, the City of El Paso said, that as part of the resolution, both Canaan and Lane will pay for their own attorney’s fees and costs, “with no damages.”

“Prior to the filing of this lawsuit, the City took major strides to ensure defendants are aware of their rights as municipal courts are often people’s first experience with the criminal justice system,” the City further stated, “El Paso’s Municipal Court has continually implemented best practices and further expanded services in response to Senate Bill 1913 to enhance the City’s responsiveness to customer needs.”

The City also said that “after an in depth review, the parties agreed that the current policies and practices of the El Paso Municipal Court related to providing information to defendants about indigency hearings, options for community service, payment plans and similar procedures are in conformity with the Constitution and laws of Texas and the United States. The City maintains that all acts complained of by Plaintiffs in this lawsuit are constitutional and in accordance with State and Federal law. Specifically, the City of El Paso does not and has not jailed individuals for inability to pay traffic fines.”

The City, however, acknowledged recent changes to its traffic safety initiatives include:

1) Issuing summon notices in English and Spanish in a manner that is more easily understandable

2) Posting notices of defendants’ rights in visible locations both at cashier windows and online so people are aware of their rights and options to seek payment plans or community service

3) Adjusting hours of operation to be more convenient and accessible

4) Utilization of video teleconference technology to resolve cases in a more convenient manner

5) Updating website information to include a Frequently Asked Questions section to make it easier for people to understand their rights and enlighten them about their options and the municipal court process.

The City of El Paso told ABC-7 “the settlement keeps all such policies and practices in place for the next three years.”