Hot Check Court Another Debtors’ Prison for the Poor

Sherwood's Hot Check Court Arktimes

Sherwood’s Hot Check Court arktimes.com

Little Rock   My brother-in-law and I agree on a million things, but those are family things, construction projects, upkeep of my trailers, automotive advice, and fixing anything and everything, but we do our best to NOT talk about politics, because he’s what you might call a Huckabee-man in Arkansas terms, and I’m anything but. We know where each other stands, so we know how to walk around most of the rocks in the road. This morning at dawn before I pulled out he said, “You got to see this!” He was following the news on Facebook, so I went over and looked over his shoulder where he was pointing. “Do you know about the “hot check” court? They’re running a debtors’ prison over in Sherwood.” I was all no, yes, and out the door. What the heck was a “hot check” court?

He was on to something though. Out of curiosity, I googled hot check court in Sherwood, which is a suburban enclave in Pulaski County across the Arkansas River and up the road from Little Rock. What you find with Google’s help is that, yes indeed, the City of Sherwood actually has a “Hot Check Division” of the Sherwood District Court of Pulaski County. How could it be that this little town has enough hot checks to have its own division? Are people driving from all over the county, the state, and the South in order to try and pass hot checks? The answer is, yes, sort of.

What had caught my brother-in-law’s eye was that the ACLU and the Lawyers’ Committee for Civil Rights Under Law had joined to file a suit for several defendants over the practices of this hot check division arguing that they were effectively running a court as a money printing machine exploiting low income defendants by larding on fines, court costs, and penalties connected with the original offense to milk the defendant and when they couldn’t bleed them dry, they were jailing them to keep the system going. The lawyers weren’t shy about referencing how similar this Arkansas mess was to Ferguson, Missouri where this was a system on steroids. They were also quick to mention that the Justice Department had jumped in and sued several venues around the country for using minor infractions as cash machines for their towns and cities.

In a report by the Associated Press one plaintiff is a good example of this system:

The plaintiffs in the case include Nikki Petree, a 40-year-old Arkansas woman who has been in jail for more than 25 days because she was unable to pay more than $2,600 in court costs, fines and fees related to a bounced check she wrote in 2011 for $28.93. According to the lawsuit, Petree initially faced $700 in court fines, fees and restitution, but the amount ballooned over the years due to related failure to appear and failure to pay charges.

The City of Sherwood of course denies everything. Their claims though seem hollow. They argue that it is only after the third or fourth hot check that they jail someone, and that they offer payment plans to resolve the earlier problems. I’m sure no one has every bounced a check, which is what a hot check is, essentially an NSF or non-sufficient funds matter, but these days if you are on not on top of your balances or a deposit goes bad, you could bounce a half-dozen checks in one sitting, bing, bam, boom! And, the City is in cahoots with the County, because Pulaski County has been sending over hot checks for more than 40 years to Sherwood to crank this ATM for them.

The AP reports that this adds up to a pretty penny.

The groups say Sherwood relies on the hot check fines and fees as a significant revenue source for its operations. The city’s receipts from district court fines and forfeitures were estimated to be at least $2.3 million in the 2015 fiscal year, Sherwood’s third-highest revenue source after city and county sales taxes, the lawsuit said.

Before you start South-bashing and pretending that this is just something you find in the backwoods or in broke-ass states like Arkansas, the lawyers are clear this situation exists in a lot of counties around the state for sure, but all of us know that this is common increasingly all over the South and the country, and certainly not confined to Missouri, Arkansas, North Carolina, and other places that have been in the news for creating modern day debtors’ prisons on the backs of the poor in order to avoid fair taxation and harder political choices.

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