JEFFERSON CITY • What Missouri needs is a little Mayberry-style justice.
You remember Mayberry, the fictional North Carolina town that was the setting for two television shows: Sheriff Andy Griffith, Deputy Barney Fife, Aunt Bee, and, of course, Otis, the town drunk.
Ah, Otis. After a bender, the avuncular fella in the rumpled suit would often let himself into the jail, and sleep it off, before walking out sober the next day.
Amid the current state of American jurisprudence, where mass incarceration rules the day, and defendants facing minor criminal charges — pot possession, shoplifting and the like — often end up behind bars for weeks or months because they can’t afford bail, the image of Otis having his own key to the jail seems quaint.
But the concept is actually rooted in the law.
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That’s what Matthew Mueller told the seven black-robed judges of the Missouri Supreme Court on Tuesday. Mueller, the senior bond litigation counsel for the Missouri State Public Defenders’ Office, didn’t actually mention Otis, or Mayberry, but he might as well have:
“The defendant must have the keys to the jailhouse door,†Mueller said.
He was in court asking the judges to stop another judge, Jason Kanoy, from putting Mueller’s client in jeopardy of further jail time over his failure to pay a $2,000 bill from his previous time in jail. Apollo L. Brown pleaded guiltnor violation of an order of protection in 2013. He did 30 days in jail, and after he got out, Kanoy, an associate circuit judge in Caldwell County, started calling Brown before the court once a month to either make a payment or face more time in jail.
In 2015, Brown missed a hearing and Kanoy found him guilty of criminal contempt of court. He sent him to jail for two days. Mueller argued that if Kanoy did that again it would violate Brown’s constitutional right to avoid , being punished for the same crime twice.
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 — the law allows a defendant a “purge†— or a way to get out of jail.
That was the nature of Mueller’s “jailhouse door†phrase. He borrowed it from a U.S. Supreme Court case applying the concept of double jeopardy to criminal contempt charges.
But the quote, intended or not, could describe what’s wrong with the entire debtors prison scheme that has been the subject of Mueller’s ongoing battle with rural courts.
Here, Brown is like so many others. He got arrested on a misdemeanor and his bail was set at $1,000, cash only. Unable to afford that, he sat in jail for 28 days. He pleaded guilty and received a sentence of time served. Then he got a bill for his time in jail, almost $2,000. Finally, Kanoy scheduled him for monthly hearings, and when he failed to pay, or missed a hearing, he went to jail again, and his bill grew higher, still.
O for his time in jail. Aunt Bee even brought him dinner. Truth is, there was a time when Missouri law resembled this humanitarian model. , for instance, Missouri law allowed defendants to bring bedding and food from home to make them more comfortable. The same version of the law discharged all jail debt if defendants were “insolvent.â€
That’s no longer the case, though efforts in the Missouri Legislature, and a recent decision by the Missouri Supreme Court, suggest Mueller’s efforts are having an impact.
That was the irony of Tuesday’s case. Last month, in two similar cases — George Richey and John Wright — effectively negated Kanoy’s ability to keep using his courtroom to collect the $2,000 he says Brown owes Caldwell County. The court ruled that jail board bills are not court costs, and thus must be collected civilly, outside of the court system.
With Brown’s jail board bill no longer being an issue, Judge Laura Denvir Stith did the math on the rest of his court costs.
“Is that why we’re here?†she asked. “For $37?â€
The question did as much as Mueller’s earlier plea for the key to the jailhouse door to frame the criminalization of poverty that for decades has festered in the Missouri courts.
Yes, that’s why we’re here. Whether it’s $37, or $2,000 or $15,000, too many Missouri judges see themselves as tax collectors rather than purveyors of justice.
Far too often, for people who lack financial means, the jailhouse door is locked behind them, usually before they’ve been convicted of a crime, and the key is simply tossed away.
The question at the center of Apollo L. Brown v. the Honorable Jason Kanoy is this one, Mueller said:
“Can the respondent continue to punish the defendant repeatedly and successively without end?â€
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 …