A lawsuit by defendants in White and Prairie County District Court arguing that Judge Mark Derrick’s practices on bail and jail for failure to pay fines amounted to a debtor’s prison was dismissed today by the Arkansas Supreme Court.

The court affirmed Circuit Judge David Laser’s ruling that the judge had absolute constitutional immunity from lawsuits for official acts.

Advertisement

Six people who’d been in his court said Derrick “(1) did not consider appointing an attorney for indigent defendants at the first court appearance; (2) set bail according to a uniform schedule, without regard to a defendants’ ability to pay; (3) fined defendants according to a uniform fine schedule, without considering their ability to pay; (4) set a uniform payment plan for defendants, without determining whether the plan caused hardship; (5) jailed defendants for failing to pay their fines, without determining whether the failure to pay was willful; and (6) suspended defendants’ driver’s license without notice or an opportunity to be heard.” While the claims concerning the uniform payment plans and failure to appoint an attorney invoke only Arkansas law, the other claims allege violations of the federal constitution and law.

The plaintiffs were represented by a team of lawyers including the Lawyers Committee for Civil Rights Under the Law in a class action case.

Advertisement

The Supreme Court said the plaintiffs couldn’t proceed on past actions and attacking these practices in the future would be speculative.

The opinion was written by Justice Shawn Womack. Justice Courtney Hudson concurred but said the decisions shouldn’t be construed as “any sort of an endorsement” of Derrick’s practices.

Advertisement

Appellants’ complaint includes claims that Judge Derrick sets bail and imposes fines without inquiring into a party’s ability to pay. They further allege that Judge Derrick establishes uniform payment plans without considering a party’s ability to pay, and then jails them if they miss payments without determining whether the failure to pay was willful. These policies, they claim, have established an “illegal, modern-day debtors’ prison in White County.”

Yet, this is not a direct appeal for our review, and we do not have all the factual details for the appellants’ cases. However, if true, these allegations are disturbing. We have recognized that the Debtors’ Act of 1869 abolished the practice of imprisoning people for debts. This fundamental concept is found in our own constitution. Moreover, our district courts are often the only interaction that the public has with the judiciary. Therefore, it is critical that we are mindful of the practices and procedures in district courts that may undermine public confidence in the administration of fair and impartial justice. Not only should all judges scrupulously follow our constitution, statutes, and rules in proceedings, but also, we must treat all parties with respect, regardless of their financial or social status. Our district courts are not courts of record. Without an official record, we are sometimes presented with a challenge in fulfilling our constitutional responsibility to exercise superintending control over these courts. I encourage our court to actively seek methods to ensure that our district courts administer justice with the professionalism that all people deserve. Perhaps, for instance, livestreaming proceedings could add a measure of accountability.

Sad decision today on the operation of a court that seems to proudly punish poor people.

From KUAR’s account when the suit was filed:

Advertisement

One plaintiff, Nikita Mahoney, said she was jailed by Judge Derrick for 45 days. She was the sole breadwinner of her family and said she lost both her job and custody of her children after being jailed. Mahoney and her husband owe the court a combined total of $300 in fines every month.

Her original charge? A failure to vacate. [This is the criminal eviction statue which is another monument to Arkansas’s singular cruelty.]

Another plaintiff, Kimberly Snodgrass, reports being convicted of ten separate failure to pay charges. Each time, she received hundreds of dollars of fines added to her account. She has lost jobs and been evicted multiples times as a result of the enormous debt, Snodgrass said.

Though the lawsuit has only six plaintiffs, Clarke says that Judge Derrick’s actions have affected many more individuals. She mentions that White County has a 16 percent poverty rate, which is 4 percent higher than the national average. The median income for White County residents in 2016 was only $22,510, according to the U.S. Census Bureau.

“We believe that this class of persons include tens of thousands of individuals who have all been penalized by Judge Derrick’s policies and practices, which functions as an illegal modern-day debtors’ prison,” Clarke said.

In 2016, Derrick was re-elected to the court after running on a promise that he would impose high fines and fees. He has advocated for a strict “no tolerance” policy when it comes to payment, which is posted publicly on his court kiosk.

“I know my fines are a lot higher,” Derrick told the Searcy Daily Citizen in 2016. “I have a policy: Stay out of trouble for four years…make your monthly payments…If they can do that for four years, they can do it for the rest of their lives.”

50 years of fearless reporting and still going strong

Be a part of something bigger and join the fight for truth by subscribing or donating to the Arkansas Times. For 50 years, our progressive, alternative newspaper in Little Rock has been tackling powerful forces through our tough, determined, and feisty journalism. With over 63,000 Facebook followers, 58,000 Twitter followers, 35,000 Arkansas blog followers, and 70,000 email subscribers, it's clear that our readers value our commitment to great journalism. But we need your help to do even more. By subscribing or donating – as little as $1 –, you'll not only have access to all of our articles, but you'll also be supporting our efforts to hire more writers and expand our coverage. Take a stand with the Arkansas Times and make a difference with your subscription or donation today.

Previous article And Leslie Rutledge claims she’s a lawyer Next article State Police investigating fatal shooting by Jonesboro police