There are many, many items related to government and governing that lend themselves to wishful thinking. To seeing flaws in the system but recognizing that we have gone so far down the rabbit hole that it might be too late to turn around.
Such is the case with funding the court system largely through fines and fees. While this might seem like a too-big-to-broach philosophical question, it was thrown into clarity recently by the Washington Supreme Court. The court, in a 5-4 vote, decided to increase the base cost of a traffic ticket in the state by $12. Starting July 1, the cost will increase for most infractions, as well as for some boating, camping and public park violations — the first increase since 2007.
The added revenue will be split between a new computer system for district courts and legal services for indigent defendants. Few people are questioning the need for such funds. As Justice Sheryl Gordon McCloud, who voted against the increase, wrote, “A new computer system that can properly track district court cases statewide, and that can provide access to a party’s record in other cases including other prior convictions, protection orders, or prohibitions is not a luxury — it is a necessity for public safety.”
What is in question is the fairness of a system that disproportionately affects those least able to pay. As McCloud noted, “The majority of those fees comes from penalties imposed when a payment is missed, for whatever reason. In other words, the people who are least able to pay up front, all at once, are the ones who end up paying the most.” And, as a recent report from the U.S. Department of Justice found in the wake of a police shooting in Ferguson, Mo., the system of using fines to fund basic court operations results in an inherent unfairness rather than justice.