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1. Critical for public defenders to *notice & speak up about "casual" everyday injustices. They can happen so fast, easy to overlook.
2. Just now in Court: person sentenced to 15 days jail for failure to pay a fine, and "civil judgment" was entered on the $120 surcharge.
3. Lets break this down. New York like many (most?) Jurisdictions, has mandatory court costs that defendant owes upon completion of case.
4. There is no way to waive the surcharges for inability to pay, for indigency. The only mechanism is "civil judgment."
5.Civil judgment means you don't have to pay. But nonpayment will at as lien against your credit for 7 years. Bad credit for close to decade
6. "Civil judgment" is, therefore, not a waiver. It's a 7 year punishment for being poor that keeps people impoverished.
7. In this moment in court, judge entered civil judgment, acknowledging person's poverty. Then sentenced him for failing to pay add'l fine.
8. This man was sentenced to 15 days on Rikers, & 7 yrs bad credit, FOR. BEING. POOR. The kicker: underlying case was a non-crime violation.
9. Case ended. Next case called. Rinse & repeat. Public defenders: keep your eyes & ears opens. Don't become blasé to injustice.
