Feb. 12, 2024

Democracy Watch

Stitt Endorses Court Fines and Fees Reform

By Keaton Ross | Democracy/Criminal Justice Reporter

Legislative efforts to reduce financial burdens on criminal defendants seem to have momentum at the State Capitol. 

In his State of State Address last Monday, Gov. Kevin Stitt urged lawmakers to limit court fines, fees and court costs to “only what is needed for restitution.” The plea came as the governor lauded Oklahoma’s success in reducing its prison population and improving its recidivism rate since he took office. 

One proposal up for consideration this session, House Bill 3131 by Danny Williams, R-Seminole, would eliminate millions of dollars in executive agency fees levied on criminal defendants to support agencies like the Department of Public Safety and Council on Law Enforcement Education and Training. 

State funding, a much more reliable revenue stream, would instead be used to supplement these agencies. Eliminating executive agency fees would have an annual fiscal impact of just over $3 million, the Administrative Office of the Courts estimated last April. 

Williams sponsored a similar bill last session that is also eligible to be reconsidered this year. That measure cleared the House with just one no vote but stalled in the Senate. 

Justice reform advocates have long criticized Oklahoma’s court funding system as being inefficient and overly dependent on collections from low-income residents. Court fines and fees accounted for 66 to 90% of district court funding between 2007 and 2019, a Tulsa World analysis found. Failure to pay warrants and arrests can create a vicious cycle that is hard to rebound from, reform advocates argue. 

Lawmakers have chipped away at the issue in recent years. House Bill 2259 by Rep. Danny Sterling, R-Tecumseh and Sen. Brent Howard, R-Altus, requires judges to notify defendants of their financial obligations at the time of plea or sentencing and allow them to present evidence that they are indigent. Looking to decrease their reliance on collections, the Legislature boosted funding to district courts by 13% in Fiscal Year 2024. 

I’ll be keeping an eye on how proposals fare in committees in the coming weeks. Bills face a Feb. 29 deadline to advance out of committee from their chamber of origin. 

As always, I’m open to story ideas, tips and suggestions. You can reach me at Kross@Oklahomawatch.org. 

What I’m Reading This Week:

• Rep. Dean Davis Apologizes For ‘Unbecoming’ Behavior: Asked Wednesday evening about his letter, Davis said he chose to submit the formal apology to enable his return to committees. Davis was arrested in Oklahoma City on March 23 for public intoxication. [NonDoc]
• Swadley’s Bar-B-Q Owner Brent Swadley Indicted, Charged with Conspiracy, Fraud: The grand jury alleges Swadley knowingly presented fraudulent invoices from Swadley’s Foggy Bottom Kitchen LLC during a conspiracy that lasted from Oct. 8, 2019, to April 25, 2022. Swadley’s attorney, Mack Martin, told the Oklahoman his client denies any wrongdoing. [The Oklahoman]
• U.S. Senate kills immigration overhaul, hits stalemate on Israel, Ukraine aid: Sen. James Lankford said that some Republicans voted against advancing the bill with border and immigration changes because they wanted more time to read it, that others voted no because they had policy differences and that some voted no due to political disagreements. [States Newsroom]

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