At the Missouri Supreme Court when lawyers argue their first case before the state’s seven black-robed judges, a veteran, somebody who has previously appeared before the court, will introduce those lawyers, telling the judges where they got their law degrees and a little bit about their careers.
There is a dignity to the tradition.
So it was Wednesday morning when public defender Matthew Mueller and prosecuting attorneys Joshua P. Jones and Kristen Hilbrenner appeared to argue two cases about men who were put in jail because they were poor.
The cases were brought by Mueller, whose girlfriend and parents sat in the front row. There were three rows of law school students in the back, witnessing what could be a historic case in Missouri.
“He sat in jail because he was poor,†Mueller said of his client, George Richey, of Appleton City. Richey lives on $630 a month in federal disability payments. When he hadn’t paid a more than $3,000 bill for his time spent in the St. Clair County Jail on a misdemeanor conviction, Jones sought a warrant for his arrest. Associate Circuit Court Judge Jerry Rellihan granted it, and Richey spent 60 more days in jail simply because he couldn’t afford the room and board previously charged him for the privilege of being “cared for†in jail.
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There is no dignity in that.
Not for the thousands of indigent Missourians who have suffered from this rotten scheme for decades, losing jobs, cars and houses because they couldn’t afford to pay a jail bill that dwarfs any court costs otherwise imposed by the courts.
Not for the courts themselves, which week after week in Dent, in Caldwell, in Ray, Lafayette and St. Clair counties, run poor defendants through cattle-call court hearings, where they offer a few measly bucks to keep them out of jail for another month, before the process starts all over again, for months, for years, for a decade or longer.
“There really is no end in sight for our indigent clients in regard to these board bills,†Mueller told the judges.
On Wednesday, he asked the court to rule, , that the process of using the criminal courts to collect jail board bills, by hauling defendants before judges month after month facing the threat of jail, is simply not allowed under existing Missouri law. In various briefs supporting Mueller’s position, , the American Civil Liberties Union, and multiple other civil rights organizations on the left and the right referred to the practice common throughout the state as being akin to debtors prisons.
That’s not fair, Hilbrenner argued when it was her turn to address the court.
These monthly hearings, which in some cases have gone on a decade or longer, are an “opportunity,†Hilbrenner told the judges.
Jones used the same word in trying to defend the process.
“This is an opportunity for the defendant to come to the court and explain his situation,†he argued.
An opportunity.
That’s not how defendants forced to find baby sitters and rides and get time off from their minimum-wage jobs see it. Not , of Caldwell County, who fretted over whether he could find a ride to a recent hearing. Not of Dent County, who sometimes calls me “freaking out†before her hearings because she is afraid she will be sent back to jail because she has no money to pay a $15,000 board bill that emanated from a stolen $8 tube of mascara.
These defendants, the ones represented by Mueller, or on their own, in nearly every rural county in Missouri, are depending on the seven judges of the Missouri Supreme Court to give them the opportunity to escape a system that has been abusing them for too long.
On Thursday morning, Mueller was across the street, this time testifying before the House Special Committee on Criminal Justice, which is hearing a bill that would explicitly ban the process that led to Richey, Bergen, Booth and so many others being jailed primarily because they had no money. The bill is sponsored by Rep. Bruce DeGroot, R-Chesterfield, and Rep. Mark Ellebracht, D-Liberty.
In the hearing, Ellebracht used a different word to describe the process defended by two prosecutors the day before.
“Extortion,†he called it.
When counties charge defendants for an involuntary stay behind bars, and then threaten more jail time if they can’t pay, “extortion is the word for that.â€
As the court and Legislature mull the issue, had yet a different word on her mind. Since Jan. 3, she had been in the Ray County Jail held in lieu of $1,500 cash bail because she missed a payment review hearing while she was in the hospital during a high-risk pregnancy. As the court was hearing arguments in similar cases, she was finally released.
Her email to me had one word in the headline that said it all:
Freedom!
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.Â
The Pulitzer Prize board considered these columns when it decided to award the prize for commentary to metro columnist Tony Messenger.Â
In a twist of irony, one judge no longer calls them “payment review hearings.†Instead, he’s even more direct. Now they are called “debt colle…
“The 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 — 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’s top court making progress in eradicating the practice of putting people in jail because they can’t afford to be in jail,…
“There are a pile of cases where people owe us money,†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.
“How can they cancel a court date then issue a warrant without even telling you the new court date?†Sharp wonders.
His bill would stop the practice in ÁñÁ«ÊÓƵ 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 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.
“It's been a hard road,†she told me recently. “Really hard.â€
For decades, Missouri’s corrections budget has been rising. So has its prison population, with a “tough on crime†philosophy filling prisons w…
“We’re hamstringing the very people who we want to go out and get a job,†Lummus says. “It’s self-defeating.â€
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 “terrorized†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 the most urban counties in the state: both the city and county of St. Louis,…
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…
“I don’t see why he has to keep going to court every month,†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…
“I messed up on probation,†he says. “It was my fault.†Still, he doesn’t think it makes sense that he’s still hauled to court once a month wi…
Murr owed Dent County about $4,000 for her “board bill†for the 95 days she had been jailed.
The domestic violence victim, Gaddis says, wouldn’t make a report to police because she feared going to jail herself and losing her child.Â
“They make you jump through hoops,†Bote says, “and then they keep moving the hoops higher.â€
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’t 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’t afford to pay for an initial sentence behind bars for relatively minor of…
“The practical reality is that people are being arrested for being poor,†Mueller says. “And there’s 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’s probation was revoked because she never paid the state the past due support and the court costs, which rang up …