I remember stuff like this from my childhood days in Oklahoma except it was
the corrupt city government paying their salaries with a traffic trap.  Now
the sacred private sector is doing God's work and the evil old court judge
is doing the Devil's purposes.   


This kind of thinking comes from the same people that call the mob the "wise
guys." 


REH


 


 


Judicial Correction Services Kevin Egan Criticizes Judge Suspending
Harpersville Probation


Posted: 07/28/2012 9:12 am Updated: 07/28/2012 1:59 pm

 

The city of Harpersville must first get approval from Circuit Court Judge
Hub Harrington before sending certain defendants to Shelby County Jail.

 

Picture a small Southern town where crime is so low that municipal court is
in session just twice a month.

Imagine the city getting rid of probation officers in favor of a private
company that doesn't charge a cent, but instead makes its money from the
fines imposed on people convicted of misdemeanors and traffic violations.

It happened in Harpersville, Ala. -- until a state judge recently shut down
the privately run probation system, saying it amounted to a "debtors prison"
after a lawsuit was filed by four people who claimed they were jailed
unfairly and fined excessively without a judge's order.

Earlier this month, Circuit Court Judge Hub Harrington
<http://blog.al.com/spotnews/2012/07/judge_halts_debtors_prison_by.html>
suspended Harpersville's partnership with Judicial Correction Services
because "unalienable rights have for some time been routinely denied by the
city," his order said.

 

But a JCS executive disagreed with Harrington and denied some of the alleged
abuses. "There are some conclusions in that order that do not necessarily
describe the facts as we know them," Chief Marketing Officer Kevin Egan told
The Huffington Post. "JCS believes we've done everything in accordance to
federal and state law."

Harrington found "
<http://media.al.com/spotnews/other/Judge%20Hub%20Harrington%20order%20to%20
Harpersville.pdf> egregious abuses" by the city and JCS who allowed people
guilty of minor offenses and traffic violations to be charged steep fines
and, in some cases, jailed for failing to pay them off.

 

The contention that Harpersville and JCS sent the indigent to a so-called
debtors prison is untrue, Egan said to HuffPost.

"Not a single one of those folks have had their probation revoked for not
being able to pay fines," he said. "There was always something going on
besides not paying fines," such as skipping mandated court appointments,
flunking out of drug programs or getting arrested again.

Egan also countered a finding by Harrington that JCS "ordered" people to
appear in court, though it lacked the authority to do so. "We only order
people to appear in court if told to do so by a court clerk or judge," he
said. "We don't make a lot of decisions. The court makes decisions. We
report the information."

JCS has similar arrangements to act as probation officers in more than 100
other courts around the state where many small towns and counties can't
afford their own probation systems.

The lawsuit was filed in 2010 and has grown to include four plaintiffs
claiming that the public-private partnership has run roughshod over the
small town east of Birmingham. An attorney for the plaintiffs said those who
couldn't pay their fines and court fees right away were forced into a
monthly repayment plan where the total costs ballooned. In some cases, a
monthly probation fee was imposed that exceeded the state's cap of $35 a
month.

"Municipal court is low on the ladder, but when it's overlooked, things are
allowed to fester," said attorney Kevin Garrison. "There are some major
procedural flaws in the entire process."

Garrison points to Debra Ford as a poster child for problems in the
Harpersville system.   Ford was cited for driving with a revoked license in
2007.   After being found guilty, she emerged from court with a $422 bill,
which mushroomed to more than $2,200 because she was unable to pay
immediately. At one time Ford was jailed for several months, Garrison said,
because she fell behind on the tab.

The assertion that JCS only ordered people to appear in court on behalf of
the clerk or municipal judge wasn't satisfactory, Garrison said, because
neither the city nor JCS provided written records of many of these orders.

City officials and the plaintiffs will be
<http://www.huffingtonpost.com/2012/07/15/alabama-judge-hub-harrington-shut-
down-debtors-prison-harpersville-municipal-court_n_1674223.html> back in
court next month. Until then, Harrington's order forbids the city from
sending certain defendants to Shelby County Jail without his permission. The
city must also allow people
<http://decaturdaily.com/stories/Ala-judge-halts-citys-private-probation-pra
ctice-,98758> 30 days to pay their court-related costs and penalties, he
ordered.

JCS has contracted with Harpersville for about five or six years, Egan said.
Estimates vary, but about 100-200 cases are on the docket per month in city
court.

Mayor Theoangelo Perkins declined to comment to HuffPost about the lawsuit
and calls to the city's attorney were not returned.

Garrison applauded Harrington for shutting down the private probation
system. "It was pretty courageous," he said. "This is a politically elected
Republican state court judge who was just disgusted by what he saw. if you
look at our state's history, it's rare that you see a state court judge
taking this kind of action."

 

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