Reducing & eliminating criminal fines & fees
This case study highlights innovative and promising court practices related to fines, fees, and pretrial practices that were developed with the support from the State Justice Institute and the CCJ/COSCA Fines, Fees, and Pretrial Practices 2.0 Task Force. The promising practices highlighted below are based on the task force's principles.
Project background
Criminal fines and fees1 (also called court imposed financial obligations or legal financial obligations) cause significant barriers for people living in poverty. This case study looks at steps that New Mexico has taken to reduce or eliminate criminal fees in a variety of case types. All post-adjudication fees were statutory; none were created by the courts.
Adopting reforms
Reforms in adult criminal & traffic cases
Enacted in 2023, New Mexico's HB 139 created reforms to fines and fees, including:
- Eliminating most fees in criminal and traffic cases, including fees charged to people with bench warrants
- Allowing court discretion to dismiss unpaid fees assessed prior to the enactment of HB 139
- Requiring the use of payment plans when a person is not able to pay the full amount of a fine up-front
- Allowing community service instead of financial sanctions without requiring a showing of inability to pay
- Expanding and clarifying the definition of community service to allow for job training, enrollment in a vocational or academic program, or participation in social or rehabilitative programs to count as community service
New Mexico's reforms related to HB 139 also include identifying alternative sources of funding for judicial operations as fees are eliminated as of July 1, 2024.
Reforms in juvenile cases
New Mexico's HB 183, passed in 2021, eliminated fines and fees in juvenile cases, including fees for public defender representation.
Looking ahead
New Mexico's fines and fees reforms reflect several promising practices identified by the Fines, Fees, and Pretrial Practices Task Force.
Public trust & fundamental fairness
New Mexico's decision to eliminate fees in criminal and traffic cases and fines and fees in juvenile cases helps to enhance the perception of courts as fair protectors of rights rather than entities focused on generating revenue. While this change is not the sole method for increasing public trust and fairness, reducing reliance on financial penalties will help ensure a just legal system and prevent unjust sanctions for defendants.
Principles: 1.1 Purpose of Courts & 1.5 Court Funding and Legal Financial
Ability to pay & alternative sanctions
New Mexico's requirements for payment plans and nonfinancial sanctions support this principle. Payment plans ensure that defendants are not unjustly burdened. Alternative sanctions, such as community service, establish systems that do not rely solely on financial penalties or incarceration.
Principles: 2.3 Statewide Ability to Pay Policies & 6.5. Alternative Sanctions
Cost of counsel
By eliminating fees for public defender representation in juvenile cases, New Mexico has ensured that indigent people are not charged for the costs of representation in these cases. This is particularly important in juvenile cases, where a young person may rely on parents or guardians to pay public defender and other fees, creating another barrier to representation.
Principle: 4.4. Cost of Counsel for Indigent People