Critics: Some county jails turning into 'debtors' prisons'

Bexar County ahead of curve offering violators alternatives

SAN ANTONIO – Over the past year, Austin, Amarillo and El Paso have been sued in federal court for allegedly punishing the poor for their inability to pay traffic fines or other Class C violations.

Critics have said as a result of the practice, some county jails are turning into debtors’ prisons.

The practice of locking up people who can’t pay their debts was declared unconstitutional by the U.S. Supreme Court in 1971.

Even so, national awareness of the issue re-emerged in the wake of the violent protests in Ferguson, Missouri, after an African-American was shot by police officer in November 2014.

Based on its investigation, the U.S. Justice Department, issued a nine-page letter this year, warning judges and court administrators they must comply with the due process and equal protection provisions of the 14th Amendment.

Civil rights attorneys had filed a lawsuit in 2015 alleging the racial unrest in Ferguson had been fueled by jailing people who couldn’t afford to pay their fines for misdemeanor infractions, such as traffic tickets. But John Bull, the presiding judge for the San Antonio Municipal Court, said that has not been the case for almost a decade in Bexar County.

He said in trying to avoid jail overcrowding, Bexar County was one of the first in the nation in 2007 to realize it didn’t make sense to spend $50 a day to jail someone for not paying their fines.

Bull said instead, even during warrant roundups, violators are encouraged to speak to a municipal judge.

 “We can work with them and figure out what’s a manageable way to resolve what they owe,” he said.

He said they’re given three options, community service, being declared indigent because they’re too poor to pay the fines or work out a payment plan.

Bull said only those who refuse to pay or don’t agree to one of those options, could face jail time.

As Judge Margie Pol explained to someone before her court, “There may be warrants issued for your arrest and they become convictions on their record.”

However, Bull said the vast majority – 80 percent of violators – settle their tickets and fines within 30 days. 

He said a big reason has been three computer kiosks in the community where people can speak directly to a municipal judge about their case.

“We’re just trying to make access to the court simpler,” Bull said.

He said that was one of the big criticisms arising out of the Ferguson investigation.

“They had no way to take care of their violations other than appearing in court,” Bull said.

In San Antonio, he said, “They can see a judge in real time from a remote location to resolve their violations.”

According to his office, 3,705 used the kiosks in 2014, 2,851 did so last year.

Official records show fines and court costs last year generated more than $18 million for Bexar County.


About the Authors:

Jessie Degollado has been with KSAT since 1984. She is a general assignments reporter who covers a wide variety of stories. Raised in Laredo and as an anchor/reporter at KRGV in the Rio Grande Valley, Jessie is especially familiar with border and immigration issues. In 2007, Jessie also was inducted into the San Antonio Women's Hall of Fame.