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The Return Of Debtor’s Prisons: Thousands Of Americans Jailed For Not Paying Their Bills

Federal imprisonment for unpaid debt has been illegal in the U.S. since 1833. It’s a practice people associate more with the age of Dickens than modern-day America. But as more Americans struggle to pay their bills in the wake of the recession, collection agencies are using harsher methods to get their money, ushering in the return of debtor’s prisons.

NPR reports that it’s becoming increasingly common for people to serve jail time as a result of their debt. Because of “sloppy, incomplete or even false documentation,” many borrowers facing jail time don’t even know they’re being sued by creditors:

Take, for example, what happened to Robin Sanders in Illinois. She was driving home when an officer pulled her over for having a loud muffler. But instead of sending her off with a warning, the officer arrested Sanders, and she was taken right to jail.

“That’s when I found out [that] I had a warrant for failure to appear in Macoupin County. And I didn’t know what it was about.” Sanders owed $730 on a medical bill. She says she didn’t even know a collection agency had filed a lawsuit against her. [...]

A company will often sell off its debt to a collection agency, generally called a creditor. That creditor files a lawsuit against the debtor requiring a court appearance. A notice to appear in court is supposed to be given to the debtor. If they fail to show up, a warrant is issued for their arrest.

More than a third of all states now allow borrowers who don’t pay their bills to be jailed, even when debtor’s prisons have been explicitly banned by state constitutions. A report by the American Civil Liberties Union found that people were imprisoned even when the cost of doing so exceeded the amount of debt they owed.

Sean Matthews, a homeless New Orleans construction worker, was incarcerated for five months for $498 of legal debt, while his jail time cost the city six times that much. Some debtors are even forced to pay for their jail time themselves, adding to their financial troubles.

Stories of surprise arrests for unpaid debt have been reported in states including Indiana, Tennessee and Washington. In Kansas City, one man ended up in jail after missing only a furniture payment. The Federal Trade Commission received more than 140,000 complaints related to debt collection in 2010, and they’ve taken 10 debt collection agencies to court for their practices in the past three years.

Since the start of 2010, judges have signed off on more than 5,000 arrest warrants since in nine counties alone. Beverly Yang, a legal aid attorney, says many debtor’s — and judges — don’t know debtor’s rights, which results in the accused being intimidated into a pay agreement. She’s seen judges interrogate debtors about why they can’t pay more and whether they are trying hard enough to find a job.

Yang says some collection agencies are only too eager to use needlessly harsh tactics. “Whatever the creditors or the creditors’ attorneys can do to leverage some kind of payment, it will help their profits enormously because they have, literally, millions of these.” Debt collection is a lucrative business — the industry is set to grow 26 percent in the next three years.

Health

South Dakota Governor Asks For Another $1 Million To Defend Anti-Abortion Law In Court

South Dakota Gov. Dennis Daugaard

This year the GOP-led South Dakota legislature passed a law requiring women seeking abortions to face a three-day waiting period – the nation’s longest – and undergo counseling at pregnancy “help centers” that discourage abortion. Recognizing that the law is an assault on women’s constitutional right to an abortion under Roe v. Wade, a federal judge granted an injunction in September to prevent the law from taking effect while it’s being challenged in Court. U.S. District Chief Judge Karen Schreier noted that the law creates an undue burden and would humiliate and degrade women.

Now South Dakota’s Gov. Dennis Daugaard is requesting more than $1 million in additional funds to defend the state’s anti-abortion law:

Next year’s South Dakota budget calls for more than a million dollars in supplemental funding for the state’s legal fund, including small fees for several high-profile cases but the potential for big expenses defending a controversial abortion law.

Gov. Dennis Daugaard’s budget proposal asks for the Legislature to add $1.043 million to the state’s Extraordinary Litigation Fund, which pays for legal costs above and beyond the ordinary.

Most of the Legislature’s projected costs come from two lawsuits: the 2005 Planned Parenthood vs. Rounds case over the state’s “informed consent” law, and ongoing “diligent enforcement” legal disputes with tobacco coverage. The state Office of Risk Management predicts the Planned Parenthood case to cost South Dakota $750,000 in Fiscal Year 2012, which runs through the end of June 2012.

Additionally, if South Dakota loses the lawsuit, it could be required to pay Planned Parenthood’s legal fees. When South Dakota lost another abortion case against Planned Parenthood several years ago, the state paid around $410,000 in legal fees.

As states are facing their worst budget crunches since the Great Depression, Republican-led governments have insisted on pushing conservative social agendas instead of focusing on pressing economic needs. In fact, they’ve exacerbated state budget deficits by passing anti-abortion laws that can cost millions for the state to defend but are rarely upheld in court. Kansas, for instance, has spent $2,180 of taxpayers money every day defending its anti-abortion laws.

NEWS FLASH

Study: Despite recession, Child Abuse In The U.S. Is Declining | A new study finds that the economic recession has not spurred an increase in child abuse, as many feared. On the contrary, the University of Pennsylvania study shows “overall abuse and neglect figures declining slightly between 2008 and 2010, and child fatalities dropping by 8.5 percent during that span.” The Department of Health and Human Services (HHS) said the estimated number of abused children dropped from 716,000 in 2008 to 695,000 in 2010. In fact, the rate of abuse was 10 per 1,000 children, “the lowest level since the current tracking system began in 1990.” While pleased with the decline, HHS cautions that “even one child being a victim of abuse and neglect is too many. “The report reminds us of the continuing need for investment in prevention efforts and the importance of coordination between federal, state and local agencies,” HHS added.

PA GOPer Admits There’s No Evidence That Voter ID Laws Are Needed, But He’s Ramming One Through Anyway

State Sen. Chuck McIlhinney (R-PA)

In the wake of the 2010 elections, numerous GOP-controlled states have adopted so-called “voter ID” laws to target the entirely fabricated problem of in-person voter fraud. Such voter fraud is so uncommon that a voter is 39 times more likely to be struck by lightning than to actually commit fraud at the polls. Yet because these laws also disenfranchise hundreds of thousands of voters in demographics that tend to support Democrats, they have become the darling of GOP lawmakers.

So it is much more disappointing than surprising that Pennsylvania’s Republican Gov. Tom Corbett is now pressuring lawmakers in his state to enact one of these vote suppressing laws, despite the fact that a top GOP lawmaker admits that there is no proof that these vote suppressing laws are needed:

Republicans continued Monday to press legislation to require Pennsylvanians to show photo identification before they vote, despite resistance from Democrats who say it is intended to suppress turnout of poor and black voters and Republicans acknowledging they lack proof of voter fraud.

Senate State Government Committee Chairman Charles McIlhinney said he has seen no proof that people are casting illegal ballots, but he also said he’s seen no proof that tightening the requirements would deny anyone the right to vote. He called the requirement a “security check.”

“It was put upon us and asked for by the governor and by the House, who passed the bill, and they asked me to take it up,” McIlhinney, R-Bucks, said after the committee vote. “I made the changes based upon what I felt I would accept to come out of the committee.”

So the GOP has no evidence whatsoever that voter fraud exists in Pennsylvania, yet they are pushing this bill through anyway. Sadly, America has seen this movie before.

NEWS FLASH

Wisconsin Campaign Law Falls To Citizens United | Yesterday, the United States Court of Appeals for the Seventh Circuit struck down a Wisconsin law limiting the amount an individual may contribute to corporations and other independent groups seeking to influence elections to $10,000. According to the court’s opinion, “Citizens United held that independent expenditures do not pose a threat of actual or apparent quid pro quo corruption, which is the only governmental interest strong enough to justify restrictions on political speech. Accordingly, applying the $10,000 aggregate annual cap to contributions made to organizations engaged only in independent spending for political speech violates the First Amendment.”

The ‘Halligan Rule,’ Or Why The GOP’s Top Lawyer Can Never Be A Judge

Under The Senate GOP's Standard, Neither Of These People Can Be Judges

With the Supreme Court’s decision to consider Arizona’s unconstitutional anti-immigrant law SB 1070 yesterday, GOP megalawyer Paul Clement emerged as one of the most significant advocates in any recent Supreme Court term. Clement is now lead counsel in the Arizona immigration case, in the Texas GOP’s redistricting challenge, and, of course, in the Affordable Care Act litigation. He is also charging the American taxpayer $520 an hour to defend anti-gay discrimination in lower federal courts — although this case has yet to reach the justices. If a high-ranking Republican somewhere in the country wants to screw up the Constitution, they’ve probably hired Paul Clement to help him do it.

Given Clement’s singular role as the Republican Party’s top litigator, it’s likely that he will be nominated to the federal bench if a Republican wins the White House while Clement is still young enough to be a viable nominee. Moreover, as a former United States Solicitor General and former law clerk to Justice Scalia, Clement certainly possesses the kind of resume that generally attracts a president’s attention. There’s only one problem — the Senate GOP just disqualified him.

Last week, the Senate GOP voted almost unanimously to filibuster Caitlin Halligan’s nomination to the United States Court of Appeals for the D.C. Circuit. And, while the GOP’s case against Halligan is disturbingly thin, Senate Republicans were clear about one thing — they blocked her because she argued controversial cases when she served as New York’s solicitor general. Senate Minority Leader Mitch McConnell accused her of advancing a “dubious legal theory” because she once argued a position that the NRA disagreed with. The Senate Judiciary Committee’s top Republican, Sen. Chuck Grassley (R-IA), explained that he opposed her nomination because Halligan “su[ed] gun manufacturers for the criminal acts committed with handguns.” And Sen. Mike Lee (R-UT) ranted that arguing against the NRA’s position is “an activist approach.”

Now, let’s be clear, Halligan argued these cases because she was the Solicitor General of New York and a solicitor general’s job is to defend the government’s position on an issue regardless of whether or not they personally agree with it. Her involvement in these guns cases says no more about her stance on the Second Amendment than the fact that Bush’s solicitor general defended campaign finance reform proves that he is didn’t want to kill meaningful limits on corporate money in politics when he later argued the Citizens United case.

But, of course, as Sen. John Cornyn (R-TX) once explained, senators “need to treat all nominees exactly the same, regardless of whether they’re nominated by a Democrat or a Republican president.” The Senate GOP has made it perfectly clear that an attorney who argues a controversial case cannot be confirmed to the federal bench — even if their decision to argue that case says nothing about their personal views of the law or the Constitution.

Should a future president nominate Paul Clement to be a judge, the Senate GOP’s own “Halligan Rule” disqualifies him from judicial service.

Documents Show Boehner Helped Gerrymander Ohio Map Giving GOP 12 of 16 Congressional Seats

The GOP-controlled Ohio legislature recently approved a heavily gerrymandered Congressional map that gives Republicans an advantage in 12 of the state’s 16 congressional districts, despite the fact that the state is roughly evenly divided between Democrats and Republicans. Moreover, according to newly released documents, Ohio residents can blame the Speaker of the House for turning many of their congressional elections into little more than a sham:

The correspondence includes a pledge by GOP Senate President Tom Niehaus to deliver “a map that Speaker Boehner fully supports.” … As the unveiling of the Republicans’ congressional map neared, [Boehner campaign staffer Tom] Whatman was averaging a request a day, including a suggested boundary change affecting the Canton-based Timken Co., led by a prolific Republican political donor.

“Guys: really really sorry to ask but can we do a small carve out down 77 in Canton and put Timken in the 16th (district),” Whatman wrote on Sept. 12. After the request is approved, Whatman replies, “Thanks guys. Very important to someone important to us all.”

Ohio voters shouldn’t only blame Boehner, however, for engineering this map intended to ensure Republican victories regardless of what the people of the state want. Much of the blame also rests with the Supreme Court, which largely abdicated oversight over politically motivated gerrymanders in a case called Vieth v. Jubelirer.

Ohio’s voters are not completely powerless against this transparent power grab, however. The Ohio Democratic Party is circulating petitions seeking to place the map on the ballot in 2012 — allowing voters to strike it down just like they struck down Gov. John Kasich’s (R-OH) assault on Ohio workers.

Justiceline: December 13, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

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