Cities Now Last In Line To Receive Court Fines

FARMINGTON — The cities of Lincoln, Prairie Grove and Farmington are now last in line when it comes to collecting fines through their respective courts because of recent changes in state laws.

Court officials are not sure if their budgets will be impacted by the changes but they know the new law does mean there will be a delay in receiving revenue from those offenders who are paying their court costs and fines through monthly installments.

“We’re going to get it ( our money) but it will take a lot longer,” said Susie Copeland, district clerk for Prairie Grove District Court.

Previously, when making monthly payments toward court costs and fines, a person first had to pay a $5 monthly installment fee. The balance of the monthly payment then went toward any restitution, followed by court costs and fines.

Court costs go to the state’s Administration of Justice Fund and fines stay with the respective city. Prairie Grove and Lincoln dedicate revenue from their fines for court expenses and the police department. Farmington’s fines go into the general fund.

Act 282 of 2013 changed the order for monthly payments. Installments now first go to pay off the court costs for the state, then any restitution and lastly, fines.

The law also increased the installment fee to $10 per month. Of this, $2.50 goes to the respective city or county and $7.50 to the state

Many courts, including Prairie Grove, Lincoln and Farmington, had split equally the monthly installment payment, after restitution, with 50 percent going to the state toward court costs and 50 percent staying with the city for fine costs.

State law previously allowed a 50/50 split but Act 282 changes this option, except for those cities that had an ordinance in place prior to July 1, 2012, authorizing the 50-50 split.

“My first thought was that it wasn’t handled very nicely,” said Chuck Wood, Lincoln’s city business manager. “In November, the state sent out an e-mail that if city councils enacted ordinances by Dec. 31 that dictated how the money would be broken down, then the courts would not be affected by any new legislation.”

Lincoln’s City Council, as well as the councils in Prairie Grove and Farmington, all passed ordinances in December, believing they would be grandfathered in and could continue splitting the monthly payments.

“They turned around and low and behold, the law states that ordinances had to be in effect by July 2012,” Wood said.

Like Copeland, Wood said he thinks the new law will hurt Lincoln’s court revenue for three or four months until it gets caught up.

Copeland said she is encouraging offenders to pay off their court costs and fines as soon as possible.

Most people make a $ 25 monthly payment toward their debt in Prairie Grove District Court, Copeland said.

The new law means that out of that $ 25 monthly payment, $ 10 goes to the installment fee and the $15 balance toward court costs, then restitution and then court fines.

At this rate, it would take a person five months to pay off the $75 court costs for a speeding ticket, Copeland said. It would take 10 months to pay off the $150 court costs for a misdemeanor criminal conviction. Only then, will Prairie Grove start receiving its money.

Because of this, she said Prairie Grove District Court is increasing its minimum payment to $35 per month.

Farmington also is increasing its minimum payment, from $25 to $30, beginning May 1, said court clerk Jimmy Story.

Story said he does not like the new law because it means that people will have to pay more money.

In Farmington, about 70 percent of the people use the installment plan to pay off their court costs and fines. A lot of people do not continue making their payments, Story said.

Farmington receives about $80,000 per year from court fines.

Prairie Grove projects to receive $195,000 in court fines for 2013, according to Larry Oelrich, director of administrative services and public works.

Lincoln budgeted $130,000 this year from court fines, though Wood said he’s not sure the court will meet its projections because of the new law. He said about 80 percent of the people make monthly payments toward their court costs and fines.

The minimum payment is $40 in Lincoln. Court clerk Tracey Irwin said more than half of the people pay $50$75 per month, depending on their income.

The legislation was introduced this year as a way to save the state’s Administration of Justice Fund. This fund pays the salaries of trial assistants and court reporters and it has declined from a high of $18 million in June 2000, to $1.4 million in December 2011, according to a review of the fund by the state Division of Legislative Audit.

The Administrative Office of the Courts requested the audit to identify the cause of the decline. The audit report, which looked at eight larger district courts in the state, says the decline is the result of a combination of factors.

Revenue declined from 2009-2011 because fewer tickets were issued and fewer warrants issued or served. The report attributes this to fewer law enforcement officers and also to alternative methods of payment, such as community service or more jail time, because of an offenders’ inability to pay fines and costs.

In addition, the Legislature has appropriated funds from the account for a variety of programs and organizations. According to the legislative audit, these one-time appropriations have totaled more than $21 million since the fund’s inception and have resulted in a significant decrease in the ending balance of the Administration of Justice Fund.

Unlike the larger district courts, Prairie Grove District Court and the Farmington and Lincoln courts have not seen a decline in tickets issued.

In Lincoln, police officers issued 1,650 tickets in 2009. This increased to 1,718 tickets in 2010 and went down to 1,680 tickets in 2011.

In Farmington, officers gave out 2,359 tickets in 2009, Story said. This decreased to 1,837 in 2010 but then increased the next year to 2,151.

Copeland said Prairie Grove District Court, which handles tickets from the local police department, Washington County and Arkansas Game and Fish, processed 3,855 tickets in 2009. This decreased to 3,283 in 2010 but went back up in 2011 to 3,604 tickets.

Warrants issued by the Farmington police have increased from 183 in 2009 to 282 in 2012, according to Sgt. Billie Virgin.