In Support of the Principles of the National Task Force on Fines, Fees, and Bail Practices
Resolution 4: In Support of the Principles of the National Task Force on Fines, Fees, and Bail Practices
WHEREAS, for more than fifty years the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have worked to promote effective judicial governance and accountability; and
WHEREAS, as a separate branch of government, the judiciary has the duty to protect citizens' constitutional rights, to provide procedural due process, and to preserve the rule of law; and
WHEREAS, important questions have arisen over the last several years concerning the imposition and enforcement of legal financial obligations and the management of the pretrial release of criminal defendants; and
WHEREAS, in 2016, CCJ and COSCA established the National Task Force on Fines, Fees, and Bail Practices (National Task Force) to develop recommendations and tools to promote the fair and efficient enforcement of the law; to ensure no person is denied access to the justice system based on lack of economic resources; and to develop policies relating to legal financial obligations that promote access, fairness, and transparency; and
WHEREAS, the National Task Force developed a set of Principles on Fines, Fees, and Bail Practices to guide judicial officers, attorneys, and court staff;
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators endorse the Principles on Fines, Fees, and Bail Practices developed by the National Task Force; and
BE IT FURTHER RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators encourage inclusion of the Principles on Fines, Fees and Bail Practices into training for court staff and education for all judicial officers who are authorized by law to make decisions regarding pretrial release, levy fines, assess fees, and order imprisonment for traffic-related offenses, misdemeanors or infractions.
Adopted by the CCJ/COSCA Access, Fairness and Public Trust Committee at the 2018 Midyear Meeting on January 31, 2018.