April 4, 2024
By Bill Raftery
Whether as an act of protest or frustration, payment of court-ordered fees, fines, and costs using massive amounts of pennies has been used throughout the United States. Courts and legislatures continue to address issues related to how to handle and process thousands of coins. Actions addressing the issue have resulted in contempt proceedings, local ordinances, court rules limiting the practice, and even state laws.
The question of using pennies for payment and whether court staff must accept them is not new. An Associated Press story from 1989 examined what happened with an Illinois Circuit Court clerk’s office that was inundated with coins after motorists paid their $50 speeding tickets in pennies. There, the clerk refused to accept them.
At the state level, California’s Government Code 68083 (formerly 24350) was enacted in 1993 as SB 70 to address this issue:
Each salaried officer of a superior court shall charge, collect, and promptly deposit the fees allowed in each case, as provided by law. No salaried officer who collects fees shall be required to accept coin in payment of those fees.
In 2023 Oklahoma’s Senate attempted to limit the practice of penny payment via SB 1037, which would have provided that “when receiving payment in the form of United States currency, the court clerk shall not be required to accept payment that consists of unrolled coins in an amount greater than ten dollars ($10.00).” The bill cleared the Senate on a 37-9 vote but never advanced in the House.
Some local courts have adopted rules limiting the use of coins as payment. Jefferson County (Wisconsin) Circuit Court provides that “the Clerk of Court’s Office will refuse payment of financial obligations if/when the debt is attempting to be paid in all or mostly rolled or unrolled coins (in excess of 5 rolls.)” The rule further cites In re Reyes, 482 B.R. 603 (2012) and Picano v. Borough of Emerson, 353 Fed.Appx. 733, 735 (3rd Cir. 2009). Similarly, Lakewood (Washington) Municipal Court states, “Cash payments are accepted, with a limit of $5.00 in coins.”
What can clerks, courts, and legislatures do in the face of a torrent of coins? It depends, according to a 2018 law review article “A Penny for Your Thoughts: Free Speech and Paying Fines with Coins.” That article notes an Ohio case in which a defendant tried to pay in pennies and was found in contempt not only for failing to pay the fine but also for obstructing the duties of the clerk. The Court of Appeals of Ohio set aside the contempt order, but held the clerk was reasonable to require loose coins be wrapped. What is not as clear is how such penny protests can be limited, or prohibited, consistent with the First Amendment’s right to protest.
Have your courts been confronted with coin payments? For more information, contact Knowledge@ncsc.org or call 800-616-6164. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topics posts, visit ncsc.org/trendingtopics or subscribe to the LinkedIn newsletter.