George Richey鈥檚 tangle with the law began like so many others in Missouri.
Richey, 57, of Appleton City, pleaded guilty in 2015 to violating an order of protection. St. Clair County Associate Circuit Court Judge Jerry Rellihan sentenced Richey to 90 days in jail.
He did his time.
Then he got the bill: $3,150 for his stay behind bars.
Richey, whose story was featured last month in , was represented by a public defender. He was indigent. Broke. Poor.
Such is the case for all of Matthew Mueller鈥檚 clients. Mueller is the senior bond litigation counsel for the Missouri State Public Defender鈥檚 Office. Over the past couple of years, he has been filing appeals in cases like Richey鈥檚. After Richey couldn鈥檛 afford to pay his jail bill, Rellihan scheduled a series of payment review hearings, forcing Richey to come back to court and make a payment or explain why he couldn鈥檛. When he missed a hearing he got tossed in jail again, and got a new bill for more than $2,200. The judge, like so many others in Missouri, was treating the jail bill like a fine or a court cost.
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Mueller argues it is neither of those things.
The American Civil Liberties Union has filed amicus briefs in Mueller鈥檚 appeals cases, arguing that the practice creates unconstitutional debtors prisons, putting hundreds, if not thousands of Missourians behind bars simply because they can鈥檛 afford to pay.
Soon, the Missouri Supreme Court will decide if Mueller and the ACLU are right.
In December, the court decided to fast track Richey鈥檚 case, bypassing the Court of Appeals, which had ruled in a similar case involving a Lafayette County man that the practice of charging board bills and then using the criminal courts to try to collect them is unlawful.
This week, Mueller and the ACLU gained a powerful ally.
On Monday, in his first major legal act as Missouri Attorney General Eric Schmitt in Richey鈥檚 case, arguing that the practice that is common in most rural counties in the state 鈥渋s unauthorized by law and must end.鈥
In the amicus brief, Schmitt references I鈥檝e written in the past year on this debtors prison scheme. He writes that 鈥渟uch cases reflect excessively harsh attempts to extract jail debt from inmates of limited means, and that taxing jail debt as court costs in such cases is ultimately self-defeating as a policy matter.鈥
For Schmitt, a Republican, this is not new ground.
In 2015 as a state senator from Glendale, Schmitt sponsored Senate Bill 5, which reined in similar abusive practices in municipal courts, primarily in 果酱视频 County. That law, a response to the unrest in Ferguson following the 2014 killing of Michael Brown, limited the amount of yearly revenue cities can capture from traffic infractions to 20 percent of a municipal budget, and it stopped the practice of threatening jail time to those who fell behind on their bills.
For decades, it had not been uncommon for poor, black residents of 果酱视频 County to spend days or weeks in jail simply because they couldn鈥檛 afford to pay for tickets. Their inability to pay led to more warrants and more jail time.
At the time, Schmitt referred to the practice as and he accused cities of using poor people as 鈥淎TMs鈥 shaking them down for cash.
Now, as he joins with the public defender鈥檚 office to try to stop a similar practice from taking place in rural associate circuit courts all over the state 鈥 affecting mostly poor, white people 鈥 he鈥檚 using similar language.
鈥淐ourts should not be using the threat of jail time to generate funds for bloated big government budgets when other means of collection exist,鈥 Schmitt said in a news release after filing his amicus brief. 鈥淒e facto debtors prisons have no place in Missouri, and I am proud to stand up against a system that seeks to treat its poorer citizens as ATMs.鈥
With at least three state lawmakers 鈥 state Reps. Justin Hill, R-Lake Saint Louis, Bruce DeGroot, R-Chesterfield, and Mark Ellebracht, D-Liberty 鈥 sponsoring or co-sponsoring legislation on the debtors prison issue, that means that elements of all three branches of Missouri鈥檚 government are now on the front lines of a civil rights battle that could have repercussions for a generation of folks stuck in poverty.
They are people like Richey, or John Wright of Higginsville, or Brooke Bergen of Salem, or Victoria Branson of Farmington. They are people who have paid their debt to society, but can鈥檛 escape the long arm of the law simply because they can鈥檛 afford to pay government officials enough money to leave them alone.
鈥淣o statute authorizes this practice,鈥 Schmitt wrote in his amicus brief, 鈥渁nd it lends itself to abuses that threaten the constitutional rights of Missouri citizens 鈥 It does little good, and potentially much harm, to threaten indigent persons with more jail time and debt when they are unable to pay.鈥
Jailed for being poor is Missouri epidemic: A series of columns from Tony Messenger
Tony Messenger has written about Missouri cases where people were charged for their time in jail or on probation, then owe more money than their fines or court costs.聽
The Pulitzer Prize board considered these columns when it decided to award the prize for commentary to metro columnist Tony Messenger.聽
In a twist of irony, one judge no longer calls them 鈥減ayment review hearings.鈥 Instead, he鈥檚 even more direct. Now they are called 鈥渄ebt colle…
鈥淭he jail is emptying out. People that do come in are able to bond out quickly. None of the girls here are being held for financial reasons. T…
In a case of civil contempt 鈥 such as when a judge jails a reporter for not revealing a source, or an attorney for failing to follow an order …
Even with the state鈥檚 top court making progress in eradicating the practice of putting people in jail because they can鈥檛 afford to be in jail,…
鈥淭here are a pile of cases where people owe us money,鈥 the judge told the defendant, a painter, who said he was having a hard time finding wor…
No longer, the court said in one voice, can judges in Missouri threaten indigent defendants with jail time for their inability to be able to a…
Disparate treatment of people charged with crimes offers a glimpse into a fundamental problem in the application of criminal justice in Missou…
Weiss wants the Legislature to make it illegal for counties to charge defendants for their time behind bars.
鈥淗ow can they cancel a court date then issue a warrant without even telling you the new court date?鈥 Sharp wonders.
His bill would stop the practice in Missouri of state police agencies avoiding state jurisdiction by seeking asset forfeiture under guise of f…
"He sat in jail because he was poor," public defender Matthew Mueller聽said of his client.
The two defendants are Exhibits A and B of why Missouri has become the front line in a national war on poverty and the courts.
She knows what she did was wrong. She knows she should have been punished.
鈥淚t's been a hard road,鈥 she told me recently. 鈥淩eally hard.鈥
For decades, Missouri鈥檚 corrections budget has been rising. So has its prison population, with a 鈥渢ough on crime鈥 philosophy filling prisons w…
鈥淲e鈥檙e hamstringing the very people who we want to go out and get a job,鈥 Lummus says. 鈥淚t鈥檚 self-defeating.鈥
In his regular appearance on the McGraw Milhaven show on KTRS radio, Metro columnist Tony Messenger discusses his ongoing debtors' prison series.
He did his time. Then he got the bill: $3,150 for his stay behind bars.
A year-end update on some of the cases Tony Messenger wrote about during 2018.
The primary difference between the poor people who have been 鈥渢errorized鈥 in Edmundson or Jennings or Ferguson, compared with those in Salem a…
The Court of Appeals in the Western District of Missouri determined that the practice of using the courts to try to collect board bills is ill…
Some counties in Missouri don't charge board bills. Those include聽the most urban counties in the state: both the city and county of 果酱视频,…
I did my time and then some. This is how they get people. They keep them on probation and then if they don't pay their board bill they violate…
By 2009, Rapp was behind in her payments and the court revoked her probation. She did a couple of days in jail and her cash bond of $400 was a…
Every week in Missouri, a judge somewhere holds a crowded docket to collect room and board from people who were recently in jail. The judges c…
鈥淚 don鈥檛 see why he has to keep going to court every month,鈥 she says. Sharon uses her Social Security income to try to keep him out of jail. …
Because Precious Jones was late to jail, prosecutor and judge seek to add to her sentence.
The Missouri Supreme Court and Missouri Legislature should revisit their 2015 and 2016 efforts to reform courts. More work is necessary.
Other than now being required to meet federal standards for that drug testing, private probation companies face nearly no oversight in Missour…
鈥淚 messed up on probation,鈥 he says. 鈥淚t was my fault.鈥 Still, he doesn鈥檛 think it makes sense that he鈥檚 still hauled to court once a month wi…
Murr owed Dent County about $4,000 for her 鈥渂oard bill鈥 for the 95 days she had been jailed.
The domestic violence victim, Gaddis says, wouldn鈥檛 make a report to police because she feared going to jail herself and losing her child.聽
鈥淭hey make you jump through hoops,鈥 Bote says, 鈥渁nd then they keep moving the hoops higher.鈥
William Everts stole from a church. Almost immediately, he knew it was a bad idea.
Bergen has the sort of back story that would inspire one of the movies or television episodes based in the Ozarks that seem to be all the rage…
Clark ended up spending 495 days in county jail awaiting a trial that still hasn鈥檛 come.
Pritchett first called me last year, after I wrote about a St. Francois County woman who was sent to prison for failing to pay court costs. He…
Rob Hopple had been in jail since May after falling behind on payments on an ankle bracelet. Court dates kept coming and going, with the prose…
The bills are that high because the two criminal defendants couldn鈥檛 afford to pay for an initial sentence behind bars for relatively minor of…
鈥淭he practical reality is that people are being arrested for being poor,鈥 Mueller says. 鈥淎nd there鈥檚 nothing they can do about it. They just s…
At least twice in recent years, the Missouri Supreme Court has overturned harsh sentences issued by a judge after she sent people to prison so…
Branson, in early 2018, was in Desloge, Mo., now, living with her 15-year-old son, checking in with her parole officer, hoping never to go bac…
Officially, Victoria Branson鈥檚 probation was revoked because she never paid the state the past due support and the court costs, which rang up …