Evenson-Childs v. Ravalli County
Pre-trial arrestees — who have yet to have their day in court — are saddled with the expenses of pre-trial supervision, on top of having to be supervised and to comply with the onerous and complex rules that come with supervision. When they aren't able to pay, they are threatened with jail and sometimes jailed, creating a modern-day debtors' prison.
In Ravalli County, Montana pre-trial arrestees are often placed on a program called the Jail Diversion Program, where they are required to pay pre-trial fees for things like supervision, electronic monitoring, and alcohol monitoring. These fees often add up to hundreds of dollars per month, even though arrestees' ability to pay is not considered. Ironically, this "diversion" program lands pre-trial arrestees back in jail if fees are not paid. The Jail Diversion Program in Ravalli County, Montana will even refuse to release pre-trial arrestees from jail until a certain amount in pre-trial fees are paid, even if the court has ordered their release. Once released, pre-trial arrestees face threats of being sent back to jail if they fall behind on payments.
Our Lawsuit: On August 9, 2021, Equal Justice Under Law filed a lawsuit against Ravalli County on behalf of hundreds of individuals being extorted money through pre-trial fees before ever being found guilty of a crime.
One of the named plaintiffs in this case, Teri Lea Evenson-Childs, was charged monthly pre-trial fees for over a year, as her case awaited trial. Ms. Evenson-Childs was charged approximately $325 per month in pre-trial fees, resulting in a bill of nearly $6,000, even though Ms. Evenson-Childs is indigent and became homeless as a result of her criminal case and the Jail Diversion Program. Despite her indigence and the fact that she had not been convicted of anything, she paid the fees for fear of being sent back to jail.
Another named plaintiff in this case, Daniel O'Toole, is also indigent and has cycled in and out of jail for years because of the Jail Diversion Program, including picking up a new criminal case because of alleged violations of pre-trial supervision conditions in another case. He is unable to find and maintain employment as a result, though he is still charged hundreds of dollars in pre-trial fees every month. He is regularly threatened with being sent back to jail for failure to pay these fees, which he cannot afford.
Plaintiff Richard Churchill is also indigent and has been sent back to jail twice because he couldn't afford Jail Diversion Program fees. His mental health has declined considerably and he lost his housing because he could no longer afford it along with Jail Diversion Program fees.
Plaintiff Keith Leonard is also indigent, living on social security disability income. He has only been able to pay Jail Diversion Program fees by going into debt.
The suit was filed in partnership with Upper Seven Law, a Montana-based nonprofit law firm. Phil Telfeyan, Executive Director of Equal Justice Under Law, says, “The legal system should not be designed to extort money from the people in its care, yet this is exactly what Ravalli County is doing by charging exorbitant, monthly pre-trial fees from people before they’ve even been found guilty of a crime. We are confident our lawsuit will bring justice that is long overdue.”
Update as of March 21, 2023: The court denied Ravalli County's motion to dismiss and granted class certification to Plaintiffs.
case details
Motion for Class Certification
Motion for Preliminary Injunction
Status: On March 21, 2023, the court denied Ravalli County's motion to dismiss and granted class certification to Plaintiffs. The case remains ongoing.
Date Filed: 8/9/2021
Plaintiffs: Teri Lea Evenson-Childs, Daniel O'Toole, Richard Churchill, and Keith Leonard, individually and on behalf of all others similarly situated
Defendants: Ravalli County
Jurisdiction: The U.S. District Court for the District of Montana, Missoula Division
Partners: Upper Seven Law
IMPACT
Case is ongoing.
