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Philadelphia collects court debt decades later

A dilapidated prison cell at Eastern State Penitentiary, in Philadelphia, PA. The prison was notorious from the time it opened in 1829 right up until the last inmate left in 1971. Today it is a historic site and museum.

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Rufus Taylor is one of 300,000 people in debt to Philadelphia’s courts.

Last year, Rufus Taylor was having trouble paying his bills. As a father of two young girls and a newborn, getting by is a struggle, but add to that a criminal record and his employment options are limited at best. He went to try to collect public assistance, but was denied because of an outstanding financial debt. When he pursued the details, he discovered that he owed $41,897.70 to the courts of Philadelphia.

“I did my time, I did everything y’all requested,” he explains, “You don’t let me know none of this until after I’m off parole?”

Rufus Taylor believes that he paid off all of the various fees and fines that he owed when he completed his parole in 2008, after 14 years in and out of prison. So he was shocked to hear that he owed anything at all.

It turns out that his debt came about as part of a retroactive fix. Since 2010, the courts of Philadelphia started actively collecting from people like Taylor, on debts that date back to the early 1970s. The courts are now seeking to collect $1.5 billion from an estimated 300,000 people.

That’s 1 of every 5 in a city with a million and a half people.

Criminal justice debt

In the United States, it’s increasingly common for people to owe “criminal justice debt” upon release from prison. It’s not simply a debt to the victim, but also to the courts. It might be $50 for a urine test, or $25 towards a victims’ fund or $100 for some unspecified administrative fee. And in Philadelphia, you may also owe money for skipping out on court dates.

Lots of money.

A billion dollars of this debt is from “forfeited bail” (see chart above) that went uncollected for decades. Since the early 1970s, the agency responsible for collecting debts to the court kept no digital records; they didn’t track the money owed, and they didn’t collect it.

In 2010, after a stinging series in the Philadelphia Inquirer, the agency was finally shut down as part of a massive reform of the city’s courts.

Running the courts like a business

Forfeiting bail, essentially skipping out on bail without paying, not only created a system where offenders fled the court system without penalty, but it also contributed to the courts’ financial woes.

Judge Pamela Dembe, President Judge of the Court of Common Pleas in Philadelphia, explains that part of the impetus of this debt collection is financial necessity. Immediately after the recession, $15 million were pulled from her operating budget.

Either the city has to take money out of the rest of the budget so you don’t get the trash picked up, or you don’t get the recreation centers open. Or they don’t give it to us and you don’t have courts open five days a week.

With heavy caseloads and full dockets, many courts across the country are facing the same dilemma: how do you fund an overloaded criminal justice system?

Justice Seamus McCaffery, a Justice on the Supreme Court of Pennsylvania, wonders if the old model of a tax-based budget is outdated.

“In my opinion,” he explains, “We should be able to run these courts like businesses now.”

Payment plan

Earlier this year, Rufus Taylor found a legal aid lawyer to dispute his debt, and he won his appeal, sort of. The court vacated most of the $41,897.70 debt, bringing it down to about $4,000 that he can pay off on a monthly plan. But he doesn’t believe that this is about justice or reform.

“It’s nothing other than money,” he says. “It’s not about fair trial, it’s not about fair judgments, it’s money.”

The courts do not expect to collect anywhere near the amount owed to them. In a 2011 update on the court’s reform initiative, they acknowledged that “there’s a 70 percent unemployment rate among defendants” and that a large part of the debt “will never be collected.”

For Rufus Taylor, having this debt hanging over his head has been stressful, not to mention crippling for his credit score. “Can’t buy a car, can’t get a loan, can’t get a mortgage,” he says of his debt, “It keeps me from everything.”

Earlier this month, Rufus Taylor and his legal aid lawyer, Sharon Dietrich, of Community Legal Services, appealed Taylor’s debt to Judge Dembe for a second time.

Taylor’s case is one of four that Dietrich is challenging on a number of procedural problems, including the age of the debts and what she sees as a lack of evidence in many of the cases. She expects Superior Court to hear the case in the New Year.

This story is excerpted from a BBC World Service radio documentary and is also part of The Cost of Crime, a multimedia investigation into the financial repercussions of imprisonment. Thanks to Amanda Hickman for her work collecting and presenting the data.

About the author

Amanda Aronczyk is a public radio reporter and producer.

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jeepinjoel's picture
jeepinjoel - Dec 21, 2012

Rufus Taylor sounds like he thinks everyone else is to blame, and I hear no remorse for his crimes. His comment that he used to steal cars and destroy them, now he fixes them, as if that is redeeming. No, he put a LOT of people through angst and anguish by stealing their cars, which interrupted their lives and careers while they had to sort it out… and I bet many of those people didn’t “plan” on having to meet insurance deductibles, rent cars while they look for new ones, etc. He owes the money, he should pay the money. Throw him back in jail if he can’t pay… The reporting even sounded like it was biased in his favor, which I found annoying.

jader3rd's picture
jader3rd - Dec 21, 2012

A government agency should have at most one year to notify a citizen of a fine they owe the agency, and a year beyond that to collect.

jeepinjoel's picture
jeepinjoel - Dec 21, 2012

He skipped out on bail several times… I don’t believe the government owes him a thing. He’s even cry babying about not getting reformed.

mwade's picture
mwade - Dec 21, 2012

"... it's all about the money".

To paraphrase an idiom, if you can't pay the fine, don't do the crime.

rgfulton's picture
rgfulton - Dec 20, 2012

So, what about the agency responsible for these collections? doesn't it make sense to hold those who ran and worked in this agency responsible at least for the interest?
If I were a Philadelphian, I would be more angry that I paid folks who did not do what they were being paid to do than the schmucks who skipped on the slackers.

stmmmd2000's picture
stmmmd2000 - Dec 20, 2012

What I wonder is, what kind of woman looks at a three time loser like Rufus and says to herself, "I've got to get me some of that?!"

Dwayne73's picture
Dwayne73 - Dec 20, 2012

Am I supposed to feel sorry for a man who won't support his children, who cost victims money by damaging their property, cost taxpayers money to keep him off the streets? What was the purpose of this story. Now I know why bail is such a joke in Philadelphia.

SKIP780's picture
SKIP780 - Dec 20, 2012

Pay up! He broke the law and was fined and assed fees. I have to do it but the difference is that I am trying to be law abiding. With the taxes I pay I have supported the courts and police but he has done none of this. And now I must support his children??
It is a legal court judgement as a debit owed as a mortage or car loan. If I had my debts reduced by 90% Id gladly pay up and be thankful for it.

Williaminraleigh's picture
Williaminraleigh - Dec 20, 2012

Initially I listened to the story about Rufus Taylor, a father with three children, not being able to get public assistance due to owing more than $40,000 with a sympathetic ear. I thought there is no possibility he could pay that amount. However after he seemed to have no interest in paying the reduced debt of $4000.00 it became clear to me that he believes he owes nothing. I would of liked to hear how much money he did pay such as fines and penalties before he came off parole in 2008. I would also like to hear if he has ever kept a legitimate job that required him to pay state, federal and social security taxes for more than 2 to 3 months after he came off parole which he lost due to no fault of his own. Rufus Taylor is right about one thing and that it is about "money." It has nothing to do with fair judgement but to place penalties on those that break the law to discourage repeated behavior. Mr Taylor has not given up his criminal beliefs. He did not mention any remorse about his past behavior that caused his current financial problems and he had no interest in paying any of his financial obligation. Most telling is that he does not seem to express a willingness to pay the $4000 so he could possibly get public assistance to help out his three children which would likely end up being much more than $4000 after being on public assistance for more than 8 months. Rufus seems to only care about "the money" more than the City of Philadelphia which ironically help the City of Philadelphia save money and not end up putting him on public assistance at least for right now. Lets see how low Mr Taylor can get the City of Philadelphia to have him pay so that he can be on public assistance. I would like follow up story in 2 years regarding Mr Taylor's attempt to help support his three children.

deckhand's picture
deckhand - Dec 20, 2012

I'm inclined to think we need a statute of limitations on fees and assessments that can languish in the bureaucratic noise for eons until -- surprise! -- you have outstanding tickets or water bills you knew nothing about.

I say that if a government agency can't muster the resources to ask for payment after seven years, they must not really want or need it that badly... and it should sunset.

That said, I'd make a singular exception for fees due from banks and multinationals because we're all too familiar how the Exxons and Countrywides of the world can stall, finesse and ignore their obligations out of pure evil design.

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