Court amnesty turns spotlight on fines, fees

HOT SPRINGS — Garland County District Court’s monthlong amnesty period ends soon, giving people with active warrants for failing to appear or nonpayment of fines until Thursday to set a new court date without having to go to jail or post a bond.

Fines and fees the court will collect from them and the thousands of defendants it processes every year represent a significant source of government funding. According to information provided by the city of Hot Springs and Garland County, district court collections last year provided nearly $2.5 million for the state, county and city.

The county and city have seen a solid rate of return on the money they budget from their general funds to operate the court. The $469,826 the 2022 county general fund budgeted for the county’s cost share returned more than $900,000 to the general fund, county administration of justice fund and fund that serviced $3.84 million in debt that financed the construction of the County Courts Building.

The 2002 ordinance that authorized the revenue bonds pledged fines and court costs to the repayment of the debt and required the county to establish a special fund for the revenue.

Not all of it serviced the debt, as the bond ordinance allowed the county to use the surplus revenue for “any lawful purpose.”

The county transferred the surplus to the general fund and used it for its share of court expenses. The Garland County Quorum Court closed the special fund and redirected all of its revenue to the general fund after the debt was retired in May.

State code allows counties and cities with district courts to levy and collect a fine of up to $20 from defendants after they are convicted to defray the cost of incarcerating city and county inmates. The funding source provided more than $200,000 for the Garland County jail last year.

The state transportation code imposes a mandatory fine of $100 to $250 for being an uninsured driver, rising to $250 to $500 on the second offense and $500 to $1,000 on subsequent offenses. Part of that money supports the county’s emergency vehicle fund, which received more than $20,000 from district court last year.

“The court brings in more money that what it takes to run this place,” Division 2 District Judge Meredith Switzer said. “I would advocate our numbers are such that we need additional staff to help us operate. I think our court pays for itself and then some.”