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Date: 09-12-2023
Case Style:
Case Number: 4:12-CR-234
Judge: Jane A. Restani
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: Arthur Emmanuel Ago
Defendant's Attorney: Devan A. Pederson, Oklahoma Attorney General's Office
Description: Tulsa, Oklahoma civil rights lawyers represented the Plaintiffs who sued the Defendants seeking declaratory and injunctive relief in the District Court of Washington County, Oklahoma.
This case involves the procedures used in Washington County, Oklahoma, to collect costs, fines, and fess related to criminal proceedings. Plaintiffs Amanda Feenstra (“Feenstra”) and Sharonica Carter (“Carter”) seek declaratory and injunctive relief against three judges of the District Court of Washington County (“State Judges”) for violations of the Fifth and Fourteenth Amendments of the United States Constitution, the Oklahoma Constitution, and Oklahoma law. Specifically, plaintiffs allege that Judge Linda Thomas, Associate Judge Russell Vaclaw, and Special Judge Jared Sigler engaged in misconduct while administering costs, fines, and fees associated with prior criminal convictions.
On April 29, 2015, Feenstra[2] pled guilty to three criminal counts and agreed to pay costs, fines, and fees as part of the plea agreement. Pl. Br. at ¶ 68-70; Def. Br. at ¶ 1. After leaving custody in January 2017, Feenstra reported to the District Court of Washington County for a costs and fines review and signed an installment plan agreement requiring that she pay $50 every month. Pl. Br. at ¶ 82-85; Def. Br. at ¶ 2. Feenstra did not appear before any judge prior to the signing and imposition of the initial installment plan. Id. On May 12, 2017, Feenstra appeared before Judge Sigler for a cost docket proceeding. Pl. Br. at ¶ 86; Def. Br. at ¶ 3. At this proceeding, although the court lowered Feenstra's payments from $50 per month to $40 per month, Judge Sigler noted that if Feenstra “couldn't pay it, then [she] would go to jail.” Pl. Br. at ¶ 87-88 (citing Pl. Br., Ex. 5 at 52:12-53:2); Def. Br. at ¶ 3.
A year later, on May 4, 2018, Feenstra failed to appear at a cost docket proceeding. Pl. Br. at ¶ 91; Def. Br. at ¶ 5. In response, the District Court of Washington County issued a bench warrant with the words “FAILURE TO PAY” listed in bold at the top of the order. Pl. Br. at ¶ 91; Def. Br., Ex. 9. The warrant set a cash bond of $330. Id. On or about May 9, 2018, Feenstra contacted Judge Sigler's clerk and became aware of the missed proceeding and warrant, and asked what she should do to resolve the matter. Pl. Br. at ¶ 93; Def. Resp. Br. at ¶ 93, ECF No. 112 (Mar. 29, 2021) (“Def. Resp. Br.”). Judge Sigler's clerk informed Feenstra that she either needed to pay the warrant or come to the court to speak to Judge Sigler about the matter. Pl. Br. at ¶ 92-94; Def. Resp. Br. at ¶ 92-94. Feenstra and her husband immediately went to the courthouse, and while waiting to speak to Judge Sigler, a police officer arrested her and explained that Judge Sigler did not “have time to talk to [her].” Pl. Br. at ¶ 95; Def. Resp. Br. ¶ 95. Unable to pay the $330 bond, Feenstra was held overnight in jail and spoke to Judge Sigler the following day. Pl. Br. at ¶ 96; Def. Resp. Br. ¶ 96. Feenstra then informed Judge Sigler that she was unable to pay; Judge Sigler, however, responded that “it wasn't his problem” and remanded Feenstra to jail “for failure to pay fines and costs.” Pl. Br. at ¶ 97 (citing Pl. Br., Ex. 5 at 73:24-74:19); Def. Resp. Br. ¶ 97; Def. Br. at ¶ 6; Def. Br., Ex. 10. One day later, Feenstra's husband secured $330, paid the bond, and Feenstra was released. Pl. Br. at ¶ 98; Def. Br. at ¶ 6.
After May 2018, Feenstra either appeared at or rescheduled all fines and cost reviews, until December 11, 2020, when she appeared seeking relief from financial obligations. Pl. Br. at ¶ 106; Def. Br. at ¶ 7-10. The case was assigned to Judge Gibson in Nowata County and Judge Gibson vacated Feenstra's outstanding amounts of fines, fees, and costs owed under 22 O.S. § 983(a) on December 16, 2020. Pl. Br. at ¶ 106; Def. Br. at ¶ 10-11; Def. Br., Ex. 15. Feenstra has no outstanding debt before the District Court of Washington County. Id.
II. Plaintiff Sharonica Carter
On September 22, 2011, Carter pled no contest to a youthful offender charge of attempted robbery. Pl. Br. at ¶ 34; Def. Br. at ¶ 12-13. As part of her plea, Carter agreed to pay fines and costs associated with the charge. Pl. Br. at ¶ 35; Def. Resp. Br. ¶ 35. Carter was released from custody on October 31, 2013, and signed an installment payment plan on November 20, 2013. Pl. Br. at ¶ 41-43; Def. Br. at ¶ 14-15. After failing to make two payments, Carter appeared at a cost docket proceeding before Judge DeLapp on January 9, 2014. Pl. Br. at ¶ 46; Def. Resp. Br. at ¶ 46. Despite Carter's explanation that she could not pay because she did not have any money and could not find a job, Judge DeLapp ordered Carter incarcerated and set a bond for her release in the amount of $150. Pl. Br. at ¶ 47-50; Def. Resp. Br. at ¶ 47-50. Carter was released shortly after incarceration once her mother paid the bond amount. Pl. Br. at ¶ 51; Def. Resp. Br. at ¶ 51.
Carter signed a new installment plan on October 17, 2017, for $75 per month despite explaining at the time of signing that she “couldn't pay $75.” Pl. Br. at ¶ 54; Def. Br. at ¶ 19. On March 2, 2018, the District Court of Washington County issued a bench warrant with a $250 bond for Carter after she failed to appear for a fines and costs review. Def. Br. at ¶ 21; Pl. Resp. Br. at ¶ 21, ECF No. 110 (Mar. 29, 2021) (“Pl. Resp. Br.”). On April 4, 2018, the District Court of Washington County recalled the bench warrant after Carter contacted the court and received a new fines and costs review. Def. Br. at ¶ 24; Pl. Resp. Br. at ¶ 22.
As of June 22, 2023, all outstanding bench warrants issued by the District Court of Washington County against Carter have been recalled. Def. Supp. Br. Reply. at 1-2, ECF No. 150 (July 21, 2023); Court Docket, State v. Carter, Docket No. YO-2011-01 (Okla. Dist. Ct. July 5, 2023). Additionally, Judge Guten has issued an order granting the waiver of Carter's outstanding financial obligations and Carter has no remaining debt. Order Discharging Debt, State v. Carter, Docket No. YO-2011-01 (Okla. Dist. Ct. July 19, 2023).
Feenstra v. Sigler (N.D. Okla. 2023)
Defendants filed a motion for summary judgment.
On April 29, 2015, Feenstra[2] pled guilty to three criminal counts and agreed to pay costs, fines, and fees as part of the plea agreement. Pl. Br. at ¶ 68-70; Def. Br. at ¶ 1. After leaving custody in January 2017, Feenstra reported to the District Court of Washington County for a costs and fines review and signed an installment plan agreement requiring that she pay $50 every month. Pl. Br. at ¶ 82-85; Def. Br. at ¶ 2. Feenstra did not appear before any judge prior to the signing and imposition of the initial installment plan. Id. On May 12, 2017, Feenstra appeared before Judge Sigler for a cost docket proceeding. Pl. Br. at ¶ 86; Def. Br. at ¶ 3. At this proceeding, although the court lowered Feenstra's payments from $50 per month to $40 per month, Judge Sigler noted that if Feenstra “couldn't pay it, then [she] would go to jail.” Pl. Br. at ¶ 87-88 (citing Pl. Br., Ex. 5 at 52:12-53:2); Def. Br. at ¶ 3.
A year later, on May 4, 2018, Feenstra failed to appear at a cost docket proceeding. Pl. Br. at ¶ 91; Def. Br. at ¶ 5. In response, the District Court of Washington County issued a bench warrant with the words “FAILURE TO PAY” listed in bold at the top of the order. Pl. Br. at ¶ 91; Def. Br., Ex. 9. The warrant set a cash bond of $330. Id. On or about May 9, 2018, Feenstra contacted Judge Sigler's clerk and became aware of the missed proceeding and warrant, and asked what she should do to resolve the matter. Pl. Br. at ¶ 93; Def. Resp. Br. at ¶ 93, ECF No. 112 (Mar. 29, 2021) (“Def. Resp. Br.”). Judge Sigler's clerk informed Feenstra that she either needed to pay the warrant or come to the court to speak to Judge Sigler about the matter. Pl. Br. at ¶ 92-94; Def. Resp. Br. at ¶ 92-94. Feenstra and her husband immediately went to the courthouse, and while waiting to speak to Judge Sigler, a police officer arrested her and explained that Judge Sigler did not “have time to talk to [her].” Pl. Br. at ¶ 95; Def. Resp. Br. ¶ 95. Unable to pay the $330 bond, Feenstra was held overnight in jail and spoke to Judge Sigler the following day. Pl. Br. at ¶ 96; Def. Resp. Br. ¶ 96. Feenstra then informed Judge Sigler that she was unable to pay; Judge Sigler, however, responded that “it wasn't his problem” and remanded Feenstra to jail “for failure to pay fines and costs.” Pl. Br. at ¶ 97 (citing Pl. Br., Ex. 5 at 73:24-74:19); Def. Resp. Br. ¶ 97; Def. Br. at ¶ 6; Def. Br., Ex. 10. One day later, Feenstra's husband secured $330, paid the bond, and Feenstra was released. Pl. Br. at ¶ 98; Def. Br. at ¶ 6.
After May 2018, Feenstra either appeared at or rescheduled all fines and cost reviews, until December 11, 2020, when she appeared seeking relief from financial obligations. Pl. Br. at ¶ 106; Def. Br. at ¶ 7-10. The case was assigned to Judge Gibson in Nowata County and Judge Gibson vacated Feenstra's outstanding amounts of fines, fees, and costs owed under 22 O.S. § 983(a) on December 16, 2020. Pl. Br. at ¶ 106; Def. Br. at ¶ 10-11; Def. Br., Ex. 15. Feenstra has no outstanding debt before the District Court of Washington County. Id.
II. Plaintiff Sharonica Carter
On September 22, 2011, Carter pled no contest to a youthful offender charge of attempted robbery. Pl. Br. at ¶ 34; Def. Br. at ¶ 12-13. As part of her plea, Carter agreed to pay fines and costs associated with the charge. Pl. Br. at ¶ 35; Def. Resp. Br. ¶ 35. Carter was released from custody on October 31, 2013, and signed an installment payment plan on November 20, 2013. Pl. Br. at ¶ 41-43; Def. Br. at ¶ 14-15. After failing to make two payments, Carter appeared at a cost docket proceeding before Judge DeLapp on January 9, 2014. Pl. Br. at ¶ 46; Def. Resp. Br. at ¶ 46. Despite Carter's explanation that she could not pay because she did not have any money and could not find a job, Judge DeLapp ordered Carter incarcerated and set a bond for her release in the amount of $150. Pl. Br. at ¶ 47-50; Def. Resp. Br. at ¶ 47-50. Carter was released shortly after incarceration once her mother paid the bond amount. Pl. Br. at ¶ 51; Def. Resp. Br. at ¶ 51.
Carter signed a new installment plan on October 17, 2017, for $75 per month despite explaining at the time of signing that she “couldn't pay $75.” Pl. Br. at ¶ 54; Def. Br. at ¶ 19. On March 2, 2018, the District Court of Washington County issued a bench warrant with a $250 bond for Carter after she failed to appear for a fines and costs review. Def. Br. at ¶ 21; Pl. Resp. Br. at ¶ 21, ECF No. 110 (Mar. 29, 2021) (“Pl. Resp. Br.”). On April 4, 2018, the District Court of Washington County recalled the bench warrant after Carter contacted the court and received a new fines and costs review. Def. Br. at ¶ 24; Pl. Resp. Br. at ¶ 22.
As of June 22, 2023, all outstanding bench warrants issued by the District Court of Washington County against Carter have been recalled. Def. Supp. Br. Reply. at 1-2, ECF No. 150 (July 21, 2023); Court Docket, State v. Carter, Docket No. YO-2011-01 (Okla. Dist. Ct. July 5, 2023). Additionally, Judge Guten has issued an order granting the waiver of Carter's outstanding financial obligations and Carter has no remaining debt. Order Discharging Debt, State v. Carter, Docket No. YO-2011-01 (Okla. Dist. Ct. July 19, 2023).
* * *
This case was removed from the District Court of Washington County, State of Oklahoma, thus the court may dismiss plaintiffs' remaining claims or remand the case to the state court for further proceedings. Robles v. City of Fort Wayne, 113 F.3d 732, 738 (7th Cir. 1997) (“[I]t is clear that a district court retains the discretion to dismiss as well as to remand such claims.”) (citing Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 353-54 (1988)); Thompson v. City of Shawnee, 464 Fed.Appx. 720, 726 (10th Cir. 2012) (“The district court had discretion either to remand the claims to the state court or to dismiss them.”). As the court cannot readily determine that the state law claims have no merit, remand is appropriate in this case.
22 O.S. 983 provides:
"Multiple Amendments Enacted During the 2023 Legislative Session
Version 1 (amended by Laws 2023, SB 623, c. 310, § 3, emerg. eff. July 1, 2023)
A. 1. Except in cases provided for in Section 983b of this title, when the judgment and sentence of a court, either in whole or in part, imposes fines, costs, fees, or assessments upon a defendant, the court at the time of sentencing shall require the defendant to complete under oath a form promulgated by the Court of Criminal Appeals that provides current information regarding the financial ability of the defendant to pay.
2. The information to be required on the form shall include, but not be limited to, the individual and household income and living expenses of the defendant, excluding child support and any monies received from a federal or state government need-based or disability assistance program, the number of dependents, a listing of assets, excluding assets exempt from bankruptcy, child support obligations, health, mental or behavioral health conditions that diminish the ability of the defendant to pay restitution, and additional court-related expenses to be paid by the defendant.
3. For purposes of this section, fines, costs, fees, and assessments shall include all financial obligations imposed by the court or required by law to be paid, excluding restitution or payments to be made other than to the court clerk, and shall be referred to as financial obligations.
B. 1. The court shall order the defendant to appear immediately after sentencing at the office of the court clerk who shall inform the defendant of the total amount of all financial obligations that have been ordered by the court. If the defendant states to the court clerk that he or she is unable to pay the financial obligations immediately, the court clerk, based on the verified information provided by the defendant, shall establish, subject to approval of the court, a monthly installment plan that will cause the financial obligations to be satisfied within no more than seventy-two (72) months, unless extended by the court.
2. The court clerk shall advise the defendant orally and by delivery of a form promulgated by the Court of Criminal Appeals, that:
a. it is the obligation of the defendant to keep the court clerk informed of the contact information of the defendant until the financial obligations have been paid. Such information shall include the current mailing and physical addresses of the defendant, telephone or cellular phone number of the defendant, and the email address where the defendant may receive notice from the court,
b. if the defendant is unable to pay the financial obligations ordered by the court immediately or in the installments recommended by the court clerk, the defendant may request a cost hearing for the court to determine the ability of the defendant to pay the amount due and to request modification of the installment plan, a reduction in the amount owed, or waiver of payment of the amount owed, and
c. upon any subsequent change in circumstances affecting the ability of the defendant to pay, the defendant may contact the court clerk and request additional cost hearings before the court.
3. An order shall be filed in the case with the approval or disapproval by the court of the payment plan. If the court does not approve the payment plan recommended by the court clerk, the court shall enter its order establishing the payment plan. The defendant shall be notified by certified mail or personal service of the order entered by the court and shall be given the opportunity for a cost hearing.
4. The district court for each county and all municipal courts shall set a regular time and courtroom for cost hearings.
C. If the defendant requests a cost hearing, the court clerk shall set the hearing no later than sixty (60) days after sentencing. In determining the ability of the defendant to pay, the court shall rely on the verified information submitted by the defendant on the form promulgated by the Court of Criminal Appeals and any updates to the information. In addition, the court may make inquiry of the defendant and consider any other evidence or testimony concerning the ability of the defendant to pay.
D. 1. If at the initial cost hearing or any subsequent cost hearing, the court determines that the defendant is unable to immediately pay the financial obligations or the required installments, the court may reduce the amount of the installments, extend the payment plan beyond seventy-two (72) months, or waive payment of all or part of the amount owed. The court may include a financial incentive for accelerated payment. Additionally, the court may order community service in lieu of payment. The defendant shall receive credit for no less than two times the amount of the minimum wage specified pursuant to state law for each hour of community service.
2. If at any time due to a change in conditions the defendant is unable to pay the financial obligations ordered by the court or any installment, the defendant may request an additional cost hearing.
E. If the court determines that a waiver of any of the financial obligations is warranted, the court shall equally apply the same percentage reduction to all fines, costs, fees, and assessments, excluding restitution.
F. 1. If a defendant is delinquent in the payment of financial obligations or an installment by more than sixty (60) days, the court clerk shall notify the court which shall, within ten (10) days thereafter, set a cost hearing for the court to determine if the defendant is able to pay. The hearing shall be set on a date that will allow the court clerk to issue a summons fourteen (14) days prior to the cost hearing.
2. No less than fourteen (14) days prior to the cost hearing, the court clerk shall issue one summons to the defendant to be served by United States mail to the mailing address of the defendant on file in the case, substantially as follows:
SUMMONS
You are ORDERED to appear for a cost hearing at a specified time, place, and date to determine if you are financially able but willfully refuse or neglect to pay the fines, costs, fees, or assessments or an installment due in Case No.__________.
You must be present at the hearing.
At any time before the date of the cost hearing, you may contact the court clerk and pay the fines, costs, fees, or assessments or any installment due.
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for the cost hearing or to make the payment, the court will issue a WARRANT for “FAILURE TO APPEAR—COST HEARING” and refer the case to a court cost compliance liaison which will cause an additional thirty percent (30%) administrative fee to be added to the amount owed.
3. If the defendant fails to appear at the cost hearing or pay the amount due the court shall issue a warrant for FAILURE TO APPEAR—COST HEARING and refer the case to the court cost compliance program as provided in subsection K of this section.
4. Municipal courts, in lieu of mailing the summons provided for in this subsection, may give the defendant personal notice at the time of sentencing of a specific date, time, and place, not less than sixty (60) nor more than one hundred twenty (120) days from the date of sentencing to appear for a cost hearing if the fines, costs, fees, and assessments remain unpaid.
G. If a defendant is found by a law enforcement officer to have an outstanding warrant for FAILURE TO APPEAR—COST HEARING, the law enforcement officer shall release the defendant and issue a citation to appear pursuant to Section 209 of this title. If the defendant fails to appear at the time and place cited by the law enforcement officer, the court may issue a summons or warrant as provided in Section 209 of this title. The provisions of this subsection shall not apply to a municipal court if the municipal court has previously provided personal service to the defendant of an opportunity for a cost hearing.
H. In determining whether the defendant is able to pay delinquent financial obligations or any installments due, the court shall consider the criteria provided in subsection C of this section.
I. Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of his or her financial obligations when the court finds after notice and hearing that the defendant is financially able but willfully refuses or neglects to pay the financial obligations owed. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.
J. In addition, the district court or municipal court, within one hundred twenty (120) days from the date upon which the person was originally ordered to make payment, and if the court finds and memorializes into the record that the defendant is financially able but willfully refuses to or neglects to pay the fines, costs, fees, or assessments, or an installment due, may send notice of nonpayment of any court ordered fine and costs for a moving traffic violation to Service Oklahoma with a recommendation of suspension of driving privileges of the defendant until the total amount of any fine and costs has been paid. Upon receipt of payment of the total amount of the fine and costs for the moving traffic violation, the court shall send notice thereof to Service Oklahoma, if a nonpayment notice was sent as provided for in this subsection. Notices sent to Service Oklahoma shall be on forms or by a method approved by Service Oklahoma.
K. All counties of the state shall fully utilize and participate in the court cost compliance program. Cases shall be referred to the court cost compliance program not less than thirty (30) days nor more than sixty (60) days after the defendant fails to appear for a cost hearing unless the defendant pays the amount owed on the financial obligation, or an installment due. When the court refers the case, the updated contact information on file shall be forwarded to a court cost compliance liaison for collection purposes.
L. The Court of Criminal Appeals shall implement procedures, forms, and rules consistent with the provisions of this section for methods of establishing payment plans of fines, costs, fees, and assessments by indigents, which procedures, forms, and rules shall be distributed to all district courts and municipal courts by the Administrative Office of the Courts.
Version 2 (amended by Laws 2023, HB 2259, c. 247, § 3, eff. November 1, 2023)
A. As used in this section, unless the context otherwise requires:
1. “Cost arrest warrant” means a warrant authorizing arrest that is issued by a court under the following circumstances:
a. failure to comply with the terms of a court financial obligations payment plan,
b. failure to appear at a cost hearing or willfulness hearing, or
c. failure to appear at the office of the court clerk of the county in which the court financial obligation is owed within ten (10) days of being cited by a law enforcement officer to appear;
2. “Cost cite and release warrant” means a warrant issued by a court authorizing citation and release under the following circumstances:
a. failure to comply with terms of a court financial obligations payment plan, or
b. failure to appear at a cost hearing or willfulness hearing;
3. “Cost hearing” means a hearing in which the court determines the ability of a defendant to pay court financial obligations. Once a cost hearing date has been set, all court financial obligations shall be suspended until the cost hearing has been held;
4. “Court financial obligation” means all financial obligations including fines, costs, fees, and assessments, imposed by the court or required by law to be paid, excluding restitution or payments to be made other than to the court clerk;
5. “Payment-in-full” means a court financial payment term that requires the defendant to pay the full amount of court financial obligations owed within ninety (90) days of a plea or sentence in the district court or within thirty (30) days of a plea or sentence in the municipal court;
6. “Payment-in-installments” means payment terms for court financial obligations that require the defendant to make monthly payments in any amount until the amount owed is fully paid; and
7. “Willfulness hearing” means a hearing in which the court determines whether a defendant who has previously been found to have the ability to pay court financial obligations has willfully failed to pay the debt.
B. 1. Except in cases provided for in Section 983b of this title, when the judgment and sentence of a court, either in whole or in part, imposes court financial obligations upon a defendant, the court at the time of sentencing may immediately, or at any point thereafter until the debt is either paid or waived, determine the ability of a defendant to pay the court financial obligations. The court may make such determinations at a cost hearing or upon written motion or affidavit by the defendant. The ability of a defendant to pay court financial obligations may not impact the sentence imposed.
2. Defendants with court financial obligations who are found by the court to be unable to pay, in whole or in part, shall be relieved of the debt by the court through a hardship waiver of the court financial obligations, either in whole or in part.
3. In determining the ability of a defendant to pay, the court shall consider the following factors:
a. individual and household income,
b. household living expenses,
c. number of dependents,
d. assets,
e. child support obligations,
f. physical or mental health conditions that diminish the ability to generate income or manage resources,
g. additional case-related expenses to be paid by the defendant, and
h. any other factors relevant to the ability of the defendant to pay.
4. In determining the ability of a defendant to pay, the following shall not be considered as income or assets:
a. child support income,
b. any monies received from a federal, state, or tribal government need-based or disability assistance program, or
c. assets exempt from bankruptcy.
5. Defendants in the following circumstances are presumed unable to pay and eligible for relief under paragraph 2 of this subsection:
a. designated as totally disabled by any federal, state, or tribal disability services program including but not limited to military disability, Social Security Disability Insurance, Supplemental Security Income, or tribal disability benefits,
b. receives support from the Temporary Assistance for Needy Families program, Supplemental Nutrition Assistance Program, the Special Supplemental Nutrition Program for Women, Infants, and Children nutrition education and supplemental food program, or any other federal need-based financial support,
c. receives subsidized housing support through the Housing Choice Voucher program, the United States Department of Housing and Urban Development, or other state, local, or federal government housing subsidy program, or
d. total income is below one hundred fifty percent (150%) of the federal poverty level.
C. 1. At the time of a plea or sentencing, the court shall inform the defendant of the total court financial obligations owed, the consequences of failing to pay the court financial obligations, and that the defendant may request a cost hearing if at any time he or she is unable to pay the court financial obligations, at which point the court may waive all or part of the debt owed. If the total amount of court financial obligations owed is not available at the time of the plea or sentencing, the court shall inform the defendant that court financial obligations have been incurred and the time and location where the defendant may learn of the total amount owed.
2. The court shall order the defendant to appear immediately after sentencing at the office of the court clerk to provide current contact information and to either select payment terms or request a cost hearing. Failure to immediately report to the court clerk shall result in the full amount of court financial obligations to be due thirty (30) days from the date of the plea or sentencing in district courts or thirty (30) days from the date of the plea or sentencing in municipal courts.
3. Payment of court financial obligations may be made under the following terms:
a. payment in full, or
b. payment in installments.
Upon any change in circumstances affecting the ability of a defendant to pay, a defendant may request a cost hearing before the court by contacting the court clerk.
4. The district court for each county and all municipal courts shall provide a cost hearing for any defendant upon request, either by establishing a dedicated docket or on an as-requested basis. A defendant who requests a cost hearing will receive a summons by personal service or by United States mail to appear in court as required by subsection G of this section. If a defendant fails to appear for a requested cost hearing, the court may issue either a cost cite and release warrant or a cost arrest warrant. No fees shall be assessed or collected from the defendant as a consequence of either requesting a cost hearing or the issuing of a cost cite and release warrant.
D. In determining the ability of the defendant to pay court financial obligations, the court may rely on testimony, relevant documents, and any information provided by the defendant using a cost hearing affidavit promulgated by the Court of Criminal Appeals. In addition, the court may make inquiry of the defendant and consider any other evidence or testimony concerning the ability of the defendant to pay.
E. 1. If at the initial cost hearing or any subsequent cost hearing, the court determines that the defendant is able to pay some or all of the court financial obligations, the court may order any of the following conditions for payment:
a. payment in full,
b. payment in installments,
c. financial incentive under a set of conditions determined by the court, or
d. community service in lieu of payment; provided, the defendant shall receive credit for no less than two times the amount of the minimum wage specified pursuant to state law for each hour of community service.
2. Any defendant who fails to comply with the terms of the payment plan ordered by the court shall be considered delinquent and the court may issue either a cost cite and release warrant or a cost arrest warrant.
F. If the court determines that a waiver of any of the court financial obligations is warranted, the court shall apply the same percentage reduction equally to all fines, costs, fees, and assessments, excluding restitution.
G. 1. A defendant is considered delinquent in the payment of court financial obligations under the following circumstances:
a. when the total amount due has not been paid by the due date, or
b. when no installment payments have been received in the most recent ninety-day period.
2. The court clerk shall periodically review cases for delinquency at least once every six (6) months and, upon identifying a delinquent defendant, notify the court which shall, within ten (10) days thereafter, set a cost hearing for the court to determine if the defendant is able to pay. The cost hearing shall be set within forty-five (45) days of the issuance of the summons. The hearing shall be set on a date that shall allow the court clerk to issue a summons fourteen (14) days prior to the cost hearing. Defendants shall incur no additional fees associated with the issuance of the summons.
3. At least fourteen (14) days prior to the cost hearing, the court clerk shall issue one summons to the defendant to be served by United States mail to the mailing address of the defendant on file in the case, substantially as follows:
SUMMONS
You are ORDERED to appear for a COST HEARING at a specified time, place, and date to determine if you are financially able to pay the fines, costs, fees, or assessments or an installment due in Case No.__________.
YOU MUST BE PRESENT AT THE HEARING.
At any time before the date of the cost hearing, you may contact the court clerk and pay the amount due or request in writing or in person prior to the court date, that the hearing be rescheduled for no later than thirty (30) days after the scheduled time.
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for the cost hearing or pay the amount due, the court will issue a WARRANT and refer the case to a court cost compliance liaison which will cause an additional administrative fee of up to thirty-five percent (35%) to be added to the amount owed and may include additional costs imposed by the court.
4. Referrals to the court cost compliance program as provided in subsection L of this section shall be made as follows:
a. courts shall refer a case to the court cost compliance program upon the issuance of a cost arrest warrant,
b. courts may refer a case to the court cost compliance program upon the issuance of a cost cite and release warrant, or
c. courts may refer a case to the court cost compliance program without the issuance of a warrant; provided, the defendant is delinquent and has had sufficient notice and opportunity to have a cost hearing.
5. A municipal court, in lieu of mailing the summons provided for in this subsection, may give the summons to the defendant in person at the time of sentencing or subsequent appearance of a specific date, time, and place, not fewer than thirty (30) days nor more than one hundred twenty (120) days from the date of sentencing to appear for a cost hearing if the court financial obligations remain unpaid.
H. 1. If a defendant is found by a law enforcement officer to have an outstanding cost cite and release warrant, the law enforcement officer shall issue a Warning/Notice to appear within ten (10) days of release from detention on the warrant to the court clerk of the court in which the court financial obligations are owed. If the officer has the necessary equipment, the officer shall immediately transmit the Warning/Notice electronically to the court clerk of the court in which the court financial obligations are owed. The law enforcement officer shall not take the defendant into custody on the cite and release warrant, and no other law enforcement officer who encounters the defendant during this ten-day period may take the defendant into custody on the warrant. If the law enforcement officer is unable to transmit the Warning/Notice electronically to the court clerk, the officer shall inform the appropriate department staff member within the agency of the law enforcement officer of the Warning/Notice within five (5) days. The department staff member shall then promptly notify the law enforcement agency in the jurisdiction that issued the warrant electronically. The electronic communication shall be treated as a duplicate original for all purposes in any subsequent hearings before the appropriate court.
2. If the defendant reports to the office of the court clerk within the ten (10) days, the court clerk shall:
a. inform the court of the Warning/Notice to the defendant and contact,
b. schedule a cost hearing pursuant to applicable local court rule, and
c. submit the warrant to the court for recall pending the cost hearing.
3. If the defendant fails to report to the office of the court clerk within the ten (10) days, the court may issue a cost arrest warrant for the arrest of the defendant.
4. At the hearing following the arrest for failure to appear, the court shall conduct a cost hearing or willfulness hearing, as the court deems appropriate, within seventy-two (72) hours unless:
a. the defendant pays One Hundred Dollars ($100.00) toward the court financial obligation, is released from custody, and the new cost hearing date is provided, or
b. the court releases the defendant on the defendant’s own recognizance and a new cost hearing date is provided.
5. The provisions for issuing a separate summons described in subsection G of this section shall not apply to a municipal court if the municipal court has previously provided actual personal notice to the defendant of an opportunity for a cost hearing. If such notice was given and the defendant fails to appear, the municipal court may issue either a cost cite and release warrant or a cost arrest warrant.
6. All warrants for failure to appear at a cost hearing or for failure to pay court financial obligations which have been issued prior to the effective date of this act and which remain unserved, shall be treated as cost cite and release warrants. All warrant fees assessed for warrants for failure to appear at a cost hearing or for failure to pay court financial obligations issued prior to the effective date of this act shall remain in effect unless waived by the court.
I. Supporting documents in a motion or affidavit for relief from court financial obligation debt or any documents taken into evidence during a cost hearing or willfulness hearing shall not be viewable by the public on a court-controlled website.
J. 1. After a cost hearing where a defendant is found able to pay a court financial obligation, either in whole or in part, and then becomes delinquent in that payment, a court may conduct a willfulness hearing
at any time beginning immediately after a cost hearing has been held and a decision rendered on the court financial obligations. Findings of a defendant’s prior ability to pay may be considered as evidence of ability to pay or willfulness at the hearing. The requirements of this paragraph shall not be construed to prohibit the court from holding subsequent cost hearings on the same court financial obligations.
2. At a willfulness hearing, the court shall evaluate the following:
a. whether a cost hearing has been held previously where evidence relating to ability to pay was presented and the court found the defendant was able to pay the court financial obligations, either in whole or in part,
b. whether there is any new evidence of ability to pay not previously considered or a change in circumstances since the cost hearing,
c. whether the defendant was afforded sufficient time and opportunity to fulfill the obligation to pay the court financial obligations,
d. whether the defendant made any efforts to satisfy the court financial obligations, and
e. whether there are any other relevant facts or circumstances.
3. After a finding of willful failure to pay court financial obligations, the court may impose a jail sentence pursuant to Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence may be imposed only under the following circumstances:
a. the hearing is conducted on the record pursuant to the rules promulgated by the Court of Criminal Appeals, and
b. the defendant is represented by counsel or expressly waives his or her right to counsel.
4. If a jail sentence is imposed, the court may grant credit for any time already served. At any time after incarceration, the jail sentence may be satisfied upon payment in full of the outstanding balance with credit for any time already served.
K. In addition, the district court or municipal court, within one hundred twenty (120) days from the date upon which the person was originally ordered to make payment, and if the court finds and memorializes into the record that the defendant is financially able but willfully refuses to pay the court financial obligations, or an installment due, may send notice of nonpayment of any court-ordered fine and costs for a moving traffic violation to Service Oklahoma with a recommendation of suspension of driving privileges of the defendant until the total amount of any court financial obligation has been paid. Upon receipt of payment of the total amount of the court financial obligations for the moving traffic violation, the court shall send notice thereof to Service Oklahoma, if a nonpayment notice was sent as provided for in this subsection. Notices sent to Service Oklahoma shall be on forms or by a method approved by Service Oklahoma.
L. Every county of this state shall fully utilize and participate in the court cost compliance program. Cases shall be referred to the court cost compliance program no more than sixty (60) days after the court has ordered the referral pursuant to paragraph 4 of subsection G of this section, unless the defendant pays the amount owed on the court financial obligation or an installment due. When the court refers a case, the updated contact information on file shall be forwarded to a court cost compliance liaison for collection purposes.
M. The Court of Criminal Appeals shall implement procedures and rules for implementation of the requirements of this section. Such procedures, rules, and any supplemental forms may be made available by the Administrative Office of the Courts."
Outcome: Based on the summary judgment record, plaintiffs' federal claims are dismissed as moot. Only state law claims remain, and because the court declines to exercise supplemental jurisdiction over those claims, the case is remanded to the District Court of Washington County, Oklahoma. The court is neither unmindful nor unsympathetic to the injuries experienced by the plaintiffs. The fact remains, however, that any remaining injury is not redressable under § 1983. In the light of the foregoing, it is ORDERED that defendants' motion for summary judgment (Dkt. # 102) is GRANTED in part and DENIED in part. The motion is granted to the extent that the court lacks jurisdiction over plaintiffs federal claims; and denied to the extent that the court does not reach the state law claims; and it is further
ORDERED that plaintiffs' state law claims are REMANDED to the District Court of Washington County, State of Oklahoma, pursuant to 28 U.S.C. § 1367(c). The Clerk of the Court is directed to take all necessary actions required to remand the remaining portion of this case to the District Court of Washington County, State of Oklahoma.
IT IS SO ORDERED...
Feenstra v. Sigler (N.D. Okla. 2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: