Harpersville judge accuses court of "extortion racket" through debtors prison
Reported by: Kaitlin McCulley Published: 7/13 9:52 am Updated: 7/13 10:11 am
HARPERSVILLE, Ala. (WIAT) -- Shelby County Judge Hub Harrington has shut down a "debtors prison" in Harpersville.
Defendants from a 2010 lawsuit on behalf of Dana Burdette, et al., contend that the Harpersville Municipal Court routinely violated their constitutional rights because they were not able to pay court fees immediately. They were subsequently forced to pay several times that amount.
Judge stops ‘egregious abuses’ by Harpersville city court
By CHRISTINE BOATWRIGHT / Staff Writer Published 9:53am Friday, July 13, 2012
HARPERSVILLE – A Shelby County circuit judge called the Harpersville Municipal Court a “debtors prison” in which the court practices “judicially sanctioned extortion racket.”
Judge Hub Harrington wrote the order July 11 after reviewing the deposition testimony and other exhibits on July 4.
“At a time when the entire country was celebrating an individuals’ ‘unalienable rights, that amount these are life, liberty and the pursuit of happiness’… this court was appalled to discover that these unalienable rights have for some time been routinely denied by the City of Harpersville,” Harrington wrote.
According to the order, defendants’ depositions presented “virtually undisputed evidence” that the criminal defendants in the Harpersville Municipal Court have been subjected to “repeated and ongoing violations of almost every safeguard afforded by the United States Constitution, the laws of the State of Alabama and the Rules of Criminal Procedure.”
The order stated the Harpersville Municipal Court and Judicial Corrections Services, a private probation company, placed defendants on “extended” probation for many years beyond the two-year maximum, as well as charging “unconscionable fines and fees.”
Harrington listed 12 “egregious abuses” committed by the Harpersville Municipal Court and JCS.
Harrington wrote that defendants’ attorneys acknowledged the ‘mistakes” the Harpersville court committed, and the City of Harpersville pledged to the court that an “immediate review would be undertaken to correct these ‘mistakes.’”
As the City has not provided the review or proposed procedures, the court has ordered a preliminary injunction hearing Aug. 20 in which both sides may provide additional evidence. Mayor Theoangelo Perkins and members of the Harpersville Town Council will be present in the hearing.
“Most distressing is that these abuses have been perpetrated by what is supposed to be a court of law,” Harrington wrote.
Harrington declined to comment further.
“I’m not going to comment on ongoing litigation, but I am looking forward to the day that I can,” Perkins said.
When viewed in a light most favorable to the Defendants, their testimony concerning the City's court system could reasonably be characterized as a debtor's prison. The court notes that these fell into general disfavor by the early 1800's, though the practices seems to have been remainied commonplace in Harpersville. From a fair reading of the Defendants's testimony, one might ascertain that a more apy description of the Harpersville Municipal Court practices is that of a judicially sanctioned extortion racket. Most distressing is that these abuses have been perpetuated by what is supposed to be a court of law. Disgraceful.
And that is why the blog is proud to name Shelby County Circuit Court Judge Hub Harrington the winner of its Sheriff Andy Taylor Memorial Public Servant Of The Day award.
The charges were alarming: the four inmates claim low income defendants are routinely denied adequate counsel, are not advised on their constitutional rights and — most egregiously — are saddled with outrageously high fines and bond rates that the indigent have no way of paying.
When viewed in a light most favorable to Defendants, their testimony concerning the City’s court system could reasonably be characterized as the operation of a debtors prison. The court notes that these generally fell into disfavor by the early 1800's, though the practice appears to have remained common place in Harpersville. From a fair reading of the defendants’ testimony one night ascertain that a more apt description of the Harpersville Municipal Court practices is that of a judicially sanctioned extortion racket. Most distressing is that these abuses have been perpetrated by what is supposed to be a court of law. Disgraceful.
Judge Harrington goes on say that defendants appearing before the Harpersville Municipal Court are “subjected to repeated and ongoing violations of almost every safeguard afforded by the Unite[d] States Constitution, the laws of Alabama and the Rules of Criminal Procedure.”
At issue are the fines that JCS is authorized to impose if an individual convicted of a crime is not immediately able to pay the imposed fine. That person is placed on “probation,” and JCS begins to collect an additional $35 fee every day the individual does not pay in full his or her penalty. If the mounting debt is not paid, JCS forwards the case back to the court and the person is imprisoned for “probation violations” with no adjudication.
The ruling, which enjoined the court and JCS from further imprisoning probation violators and added a 30 day grace period for individuals to pay off a court-ordered penalty before JCS begins to charge their $35 fee, highlights yet another problem with states’ growing reliance on private companies to run corrections services.
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