Marion County Clerk of Courts changes payment policy

Kevin Washington owed more than $53,000 in court costs after he was found guilty of conspiracy to trafficking cocaine.

When he failed to pay $8,500 in monthly payments because his income wasn’t high enough to afford such a rate, his driver’s license was taken away by the Marion County Clerk of Courts. Without the ability to drive freely, Washington struggled to secure a job so he could make the monthly payments.

But on Monday, David R. Ellspermann, the Marion County clerk of court, changed the payment policy and made it easier for criminal defendants in the county, like Washington, to afford monthly payments and avoid the penalty. Now, the clerk’s office will calculate a monthly installment that is no more than 2 percent of the person’s income.

The reversal followed a lawsuit filed in August on behalf of Washington by the American Civil Liberties Union Foundation of Florida.

Benjamin Stevenson, an ACLU staff attorney, wrote a complaint letter to Ellspermann’s office in May and later filed the lawsuit. Stevenson said the clerk’s policy dictated that payment plans were set based on how much someone owed rather than his or her ability to pay. Under this policy, Washington was set to pay off the more than $53,000 in six months without a steady income.

Now, Washington will instead pay $5 per month while he is unemployed. When he was released from five years in jail Sept. 30, he got his license back.

"Driving is not exactly a privilege," Stevenson said. "It’s a necessity of modern life."

Stevenson said about 80 percent of criminal defendants are impoverished and can’t afford a lawyer, relying on the state to provide one.

"The Florida design of how to fund criminal court is to make criminal defendants pay, which makes sense until you consider the population you’re asking to pay criminal courts," he said.

Greg Harrell, general counsel for the clerk of court, said it’s important to keep in mind the legislature sets court fines, fees and costs. The clerk of court is responsible for collecting them.

"These are tough issues," he said. "Clerks always strive to do what is right under the law."

Contact Brooke Baitinger at bbaitinger@alligator.org and follow her on Twitter @BaitingerBrooke