Lawsuit Targets Abusive Pre-Trial Fees

A critical lawsuit was filed on behalf of hundreds of individuals being extorted money through pre-trial fees before ever being found guilty of a crime. In Ravalli County, Montana pre-trial arrestees — who have not been found guilty of any crime — are required to pay pre-trial fees for things like supervision and electronic monitoring, often adding up to hundreds of dollars per month, without consideration of their ability to pay. If they fall behind on payments, they are threatened with jail.

Ravalli County, like many counties in the United States, has outsourced onto the backs of its poorest residents its obligation to fund its operations. 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. They are billed for pre-trial supervision even if they cannot afford it. Pre-Trial Supervision in Ravalli County 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.

The named plaintiff in this case, Teri Lea Evenson-Childs, has been charged monthly pre-trial fees for over a year, as her case still awaits trial. In addition to pre-trial fees and a $3,500 non-refundable bail bond she paid to secure her release from jail, she is charged $325 per month in pre-trial fees, even though Ms. Evenson-Childs is indigent and homeless. Despite the fact that she is indigent and has not been convicted of anything, she has paid the monthly fees for fear of being sent back to jail.

The suit was filed by Equal Justice Under Law and 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.”