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POLICY PROPOSAL
DATE FILE NUMBER SUBJECT Municipal Court Caseworker PAGE 1 OF 3
5/24/77 CP-30
PROPOSAL PROPOSED BY: Councilman CITY NAGER'S EV
Richard C. Newkirk 1 )��22 1
One of the problems faced by some citizens is the conflict arising when it is neces-
sary to work to pay a fine to get out of jail and the obvious impossibility of work-
ing while in jail. To alleviate this problem an attempt is frequently made to work
out an extended pay plan for such individuals. Chief Judge Ferchill has been study-
ing this problem and has suggested that the Court employ a caseworker to assist
the judges in such cases. His background briefing and explanation of the needs are
contained in the following paragraphs:
Need for Extended Pay Plan
Tate V. Short, 91 S. Ct. 668, (1971) , a case originating over Houston Municipal Court
practices held that a legislated "fines only" policy for traffic offenses could not
automatically be converted into a prison term solely because an individual is unable
to pay. Such was found by the Supreme Court of the United States to be a denial of
equal protection. The gist of Tate and its successors is that the Court must provide
some way for the poor to-"exonerate" themselves from traffic fines and jail time
should occur only when there has been willful refusal or neglect to pay as ordered.
The Legislature of Texas sought to provide alternative methods of payment before
Tate was finally h4nded down. In 1971 they amended Article 45.50 of the Code of
Criminal. Procedure to include the following:
"(b) The justice may direct the defendant:
(3) to pay a specified portion of the fine and costs at designated
intervals."
Thus since 1971 our Municipal Court Judges have been empowered to authorize install-
ment payment plans for the public; however, until February of this year no formalized
installment had ever been set up by a Fort Worth Municipal Court judge. The usual
excuse has always been that such agreements required too much paperwork and the
judges didn't have enough time nor the clerk's office sufficient personnel to run
a "credit office".
Present Approach to Problem
In February of this year a form was drafted which would serve as a temporary type
of installment agreement. Some people have already used this plan, but it was simply
unavailable to others because of time demands. It takes a lot of time to sit down
LEGALITY
FISCAL NOTE
CITY MANAGER'S COMMENTS
6 f
POLICY PROPOSAL (cont'd) PAGE_OF
with a defendant and write a reportoir-his financial status:.and then determine what
amount he •131►ould pay and how often he should°,pay to eventually "exonerate" himself
from accumulated traffic fines.
Our current method of offering deferred payment is to grant the defendant two weeks
to pay, and allow him two or possibly three extensions of two weeks each. Sometimes,
however, a month is granted from the beginning. It is not a very satisfactory manner
of creating installment payments; it is an unnecessary burden and inconvenience to
the defendants, and seems inappropriate now that the clerk's office is open twenty-
four hours a day for the payment of fines.
Flaw in Present System
The most obvious flaw, in the present method is the assumption that allowing someone
to pay $40.00 in thirty days is the same as authorizing them to pay $10.00 each week.
Many of the people we need to help are simply unable to save money. There are many
people who are on fixed incomes or meager salaries who ask permission to pay out
their fines in installments and I sincerely believe the time is past due, for us to
offer this "helping hand"to the citizens of Fort Worth.
If we don't, when their two week or one month extensions "run out" and capias
warrants are issued and they are put in jail, the City of Fort Worth has little to
gain. Not only are we housing and feeding them at public expense but we probably
in many cases severely jeopardize their employment.
Proposed Solution
If we provide a caseworker to assist in setting up installment payment plans for
those who receive=permission from the Court to pay in this manner, we are still
going to have people in jail who have failed to pay. But it will be from neglect,
or willful ,refusal, and the Court has and should have the authority to enforce its
orders or fines in such cases. In other words, when they default from an install-
ment agreement (which will give them standing to notify the Court in advance if
they cannot-make a payment) , justice will still be served if they must be confined
until such time as the fines are paid in full or served out.
The problem now is that there have been so many people who have been given two
weeks to pay literally hundreds of dollars in fines, that when they end up back in
jail on a capias warrant there is no way to determine that they ever really had a
chance to "exonerate" themselves. For instance, if a citizen is picked up on four
or five traffic warrants, pleads guilty on the jail docket, received fines totaling
some $300.00 and is granted two weeks to pay; what has been accomplished?
Need for Caseworker
Why do we need a Municipal Court Caseworker to implement an installment payment plan
for defendants? The answer is simply.that we have no one else to do it. Neither
the judges nor the prosecutors have the time or necessarily the training to counsel
the multitude of people who pass through these courts and determine their respective
ability to pay. And unless a determination of this type is made, nothing is to be
accomplished by having installment payments. Someone has got to arrive at a figure
and a frequency that the Court can live with and at the same time will allow the
defendant to "keep his head above water". A caseworker can visit the jail on a
daily basis and screen the inhabitants so that if any of them are employed, it can
be verified; an installment agreement worked out; and their release effected in a
CITY OF FORT WORTH
POLICY PROPOSAL (cont'd) PAGE_OF
matter of hours. The installment agreement would be presented' to the judge as a
petition to—the Court.
Recommendation
I recommend that the Council analyze this proposal from the Chief Judge and deter-
mine -whether or not it would be in the best interests of the citizens. It is
estimated that the annual costs would be in the range of $13,000 to $15,000.
Legality
There are no legal problems with this proposal.
Fiscal Note
There are no budgeted funds available for this proposal. A new appropriation would
be required.
City Manager's Comments
Appointment of a Caseworker could be a means of alleviating hardships for one segment
of our society, while freeing the judges for more appropriate work.
Richard C. Newkirk, Councilman
CITY OF FORT WORTHv TIUM
THE SUBJECT MATTER OF THIS M. &C. C.
WAS PRESENTF,D TO THE CITY COUNCIL
AND WAS APPROVED'
Cit Secretary
CITY OF FORT WORTH