Equal access to the courts is a constitutional right, but investigations into the Ferguson, MO court system revealed gross violations of this right. The conclusion of the Justice Department’s investigation was that the court was a moneymaking venture, not an independent branch of government. As a result of the finding in March 2016, the Justice Department suspected widespread abuse by courts and issued a “statement of interest” letter to chief judges and court administrators throughout the country that warned against operating courthouses as for-profit ventures. Such letters are rare—the last letter was issued in 2010—and do not have the force of law, but they put local and state officials on notice that if such practices are detected, the Justice Department may take actions against the city, including lawsuits to force change. The letter warned that misuse of fines and fees and suspending driver’s licenses for failure to pay fines resulted in discrimination against the poor and unnecessary incarceration. Do you think courts discriminate against the poor?
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