by David Chapman
Staff Writer
A measure that would create a court cost trust fund based on an additional $40 fee on felonies, misdemeanors and criminal traffic infractions was debated Thursday.
City Council members Kevin Hyde and Warren Jones hosted a workshop Thursday that was attended by Chief Circuit Judge Donald Moran, attorney Dan Bean and Jacksonville Area Legal Aid Executive Director Michael Figgins, among others, to discuss pending Ordinance 2010-766.
In its current state, the measure would apply the entire $40 generated from each case to support education, mediation and foreclosure defense programs through JALA.
Speaking first, Moran disagreed with the proposal, calling the measure a “tax on the poor” while lauding the state’s progressive foreclosure efforts as a model for the nation.
The people who would be affected, he argued, already have trouble paying fines for their infractions and imposing additional fees would continue a trend of nonpayments and lead many toward jail time for not paying their fees.
During the 2005 Florida legislative session, an $85 court cost for felonies, misdemeanors, delinquent acts and criminal traffic violations was approved. The funds are divided among numerous court programs, including $40 going to JALA.
Moran said that the measure has no support from a single county court judge.
If approved and enacted, Moran suggested that the court system that is facing funding shortfalls in the $5 million range next year and an anticipated $12 million the year after would be better suited for such a revenue stream than JALA for foreclosure efforts.
“The courts need it,” said Moran.
Bean told workshop attendees that without additional funding, JALA stood to lose up to five attorneys with a caseload of almost 1,500 cases.
“That’s a huge concern,” said Bean. He also referred to funding and the volume of foreclosures. “We’re going to need the extra funds … the need is great and getting worse.”
Like Moran, both Bean and Figgins called the $40 court cost trust fund a revenue source they didn’t like, either. Yet, Figgins said that if the revenue source was inevitably going to be tapped, it would be wiser to do so sooner rather than later.
Bean and Figgins suggested council members look for additional revenue sources and amend the proposed ordinance, but said JALA should be the recipient of the generated funds.
Jones called the workshop “a little frustrating” because he thought council had a way to assist the foreclosure crisis without hurting anyone. After hearing the arguments, he said he wasn’t so sure anymore.
Council members won’t take up the measure again until next year, but until then Jones said he planned to look for substitute revenue funds, starting with municipal fines and fees.
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