CORINTH, Miss. – The Southern Poverty Law Center (SPLC) and the MacArthur Justice Center have reached an agreement with the city of Corinth, Mississippi, that would resolve a federal class-action lawsuit filed on behalf of people who were jailed, often for weeks, solely because they were unable to pay a fine or money bail. The parties filed the proposed settlement agreement yesterday afternoon, and they await the federal court’s approval.

As part of the agreement, the city of Corinth will ensure that defendants arrested without a warrant see a judge within 48 hours, will stop jailing defendants who cannot afford to pay a fine or money bail, will release most people on their own recognizance following arrest, and will allow defendants who are unable to pay their fine in full to choose between a $25 monthly payment plan and community service.

Corinth will release most arrestees without requiring money bail. The municipal court judge must hold an initial appearance hearing within 48 hours for any arrestee who is not released immediately, under the agreement. The municipal court judge will also evaluate a defendant’s financial condition prior to imposing any fines or costs, as required by law. Defendants who cannot immediately pay a fine in full, as per the court’s assessment of their finances, will have the option of paying in installments not to exceed $25 per month, or performing community service. The court will also appoint a public defender to represent any defendant at a show-cause hearing prior to any contempt finding for failing to appear or pay.

“We are more than pleased with the outcome of this case, and the willingness of defendants to enter into a collaborative process to address these issues rather than resort to further litigation,” said Sam Brooke, deputy legal director for the SPLC. “The proposed settlement will ensure that the Corinth Municipal Court stays focused on justice and fairness, and eliminates a two-tiered system of justice that previously punished people simply because they were poor.  Now, everyone should be treated fairly.”

The agreement also addresses how the court will handle people who fail to appear for a scheduled court appearance following their arrest and release. The court will reschedule the court date and mail a summons to appear in court upon a first failure to appear rather than issuing an arrest warrant. Corinth has also agreed not to arrest or incarcerate any person with an existing failure-to-pay warrant. Any person stopped with an outstanding failure-to-pay warrant will be given a summons to appear in court.

The city of Corinth will also provide training to all employees who are involved in implementing the agreement.

“Everyone arrested in Mississippi must be taken before a judge within 48 hours, and, except in very rare cases, the law requires that they be released at that first appearance on conditions that do not include buying their way out of jail by giving money to a bail bondsman,” said Cliff Johnson, director of the MacArthur Justice Center at the University of Mississippi School of Law. “Many Mississippi judges continue to impose money bail in every criminal case they handle despite the fact that they have been reminded again and again to stop using bail improperly. Some judges are getting the message, but many are not. Those defiant judges who misuse bail are filling our local jails with poor people and costing local taxpayers a huge amount of money in incarceration expenses.”

Johnson commended city officials in Corinth for ending their previous practices immediately upon being sued, and for adopting the new policies and procedures required by the settlement.

Last year, the Mississippi Supreme Court adopted new court rules that detail procedures for courts to follow when addressing inability to pay. Mississippi also passed a law earlier this year clarifying that no one can be jailed for failing to pay fines or court costs, unless a court has first examined their ability to pay.

The SPLC and the MacArthur Justice Center filed suit against Corinth in December, after a year-long investigation found that the municipal court routinely held people facing misdemeanor or municipal charges in jail until they paid money bail or their fine, without taking into account their ability to pay.

Plaintiff Brian Howell, a 28-year old unemployed man who is currently seeking disability after losing one of his legs in a car accident, was assessed a court fine of more than $1,000 for three traffic violations. Municipal Court Judge John C. Ross told Howell he had to pay his fine in full, or sit it out in jail at a rate of $25 per day, which would have totaled about 50 days. Howell was released shortly after the lawsuit was filed.

“I have kids and a family that depend on me,” Howell said. “If I had been forced to sit in jail for those 50 days, I would have missed important days in their lives, including Christmas and birthdays. I’m relieved that no one in the city of Corinth will have to face that reality only because they don’t have the financial means to pay for their freedom.”