In the aftermath of Ferguson in 2015, the U.S. Department of Justice (DOJ) alleged, among other things, that the City’s conduct related to the imposition and enforcement of fines and fees for traffic and other municipal code violations was unconstitutional. Court systems increasingly face greater scrutiny when it comes to collecting and recuperating costs from fines and fees. Considering the ongoing funding crisis local governments are up against, this revenue still plays a critical part in operational budgets- despite the new stigma. As such, court systems must ensure ethical standards and processes are followed while still optimizing recovery efforts in order to manage their limited resources and remain compliant.
This post is the first in a four-part series that identifies the key steps to ensuring ethical and compliant court collections.
Part one: Messaging
A big issue identified in the Ferguson Report as related to fines and fees was the failure on the part of the courts to effectively communicate information regarding how charges are imposed. For this reason, appropriate and clear messaging in relation to court collection efforts is essential. It’s imperative this messaging be consistent inside and outside the courtroom; from initial communication with court staff to the participating collection partner who later may assume the responsibility of the account.
Fees and charges should be codified in one location, to provide defendants with easy access for review to ensure they have the optimum opportunity for comprehension. The expectations for payment and consequences for failure to adhere to said expectations must be clearly stated and remain consistent through the life of an open account. Transparency is the key to compliance in this regard; therefore messaging for terms surrounding fines and fees should be publicly available.
Distributing written instructions along with verbal communication is highly recommended as a best practice. Written records provide a reliable paper trail and resource for defendants as their account progresses through the system. If possible, copies of payment agreements including monetary penalties should be distributed to both staff and defendants and signed as an admission of understanding and accountability.
Finally, courts should make the messaging readily available to staff, to eliminate the likelihood of confusion or misinterpretation. Staff needs to be regularly trained on policies and procedures, to ensure consistency across all departments for those who interact with the defendant or the general public.
Download our White Paper: Four Steps to Achieving Compliant and Effective Processes