By David Mittleman

On May 18, the Michigan Supreme Court held a public hearing on the proposed amendments of ten different Michigan Court Rules. After hearing from many speakers, the Supreme Court ultimately adopted the proposed changes this week. These changes require that an ability-to-pay hearing be conducted before a person is sentenced to incarceration for nonpayment of fines, fees and costs.

Constitution Requires Determination of Ability to Pay

This decision complies with a 1983 U.S. Supreme Court case, which established that incarcerating an individual for failure to pay a fine without first determining whether the person CAN pay is unconstitutional.

Judges …read more