Category Archives: Courts and law

Good News Story: Richmond’s Murder Arrest Rate

Richmond Police Chief Alfred Durham — winning everybody’s confidence.

The City of Richmond’s school system leaves a lot to be desired, a fact I have belabored on this blog, but the city’s Police Department is doing a great job of fighting crime — so good that the Washington Post profiled the Richmond P.D. as an exemplar in closing murder cases.

Nationally, there have been 50,000 homicides in major American cities since 2007. Of those, 26,000 have not resulted in an arrest. But of the 50 cities studied, Richmond has the highest homicide arrest rate. The police have closed 70% of all murder cases. Writes the Post:

That outcome, police officials said, is the result of persistent community outreach that has helped encourage witnesses to cooperate.

“If I’m in the city, I’m at every scene,” said Chief Alfred Durham, a former D.C. police officer who has led Richmond’s department since early 2015. “People in the community need to see members of our command staff engaging and doing everything possible to close each case. . . . We’re out there building relationships.”

Detectives said they have worked hard to gain the confidence of potential witnesses by assuring that police will do all they can to protect them if they come forward.

The high arrest rate represents a significant turn-around from 12 years ago when Richmond had won the reputation as a mini-murder capital. After an overhaul of the department, murder rates have declined and arrest rates have soared.

While Richmond is among the smallest of the 50 cities studied, it has tremendous concentrations of poverty — with all the social pathologies that concentrated poverty creates. Little has changed economically or demographically that might explain the exceptional murder clearance rate. The improvement results from good community policing.

The building of trust between police and communities also is reflected in the different tenor of politics in the city. Not to say that there isn’t a racial divide over issues like Civil War statues, but Richmond doesn’t have the same kind of hyper-polarized racial animus seen in places like Baltimore and Chicago. That makes it a lot easier for someone like African-American Mayor Levar Stoney to govern as a moderate liberal — with an emphasis on the moderate. Now… if only some of that positive mojo can rub off on the city schools.

(Hat tip: Steve Nash)

Getting Virginians their Lives Back One License at a Time

LaPonda Carter lived with a relative in Amelia County, raising her daughter and driving to her job at the VCU Medical Center in downtown Richmond. She frequently loaned her car to the family member. Unbeknownst to her, the relative racked up frequent toll violations. The charges quickly added up — $0.75 per toll, plus $25 administrative fees for not paying on time, plus $500 court fines, plus court costs. The fees, fines and penalties eventually reached an astonishing total — nearly $100,000. Adding insult to injury, Carter had her license yanked.

By working with Drive-to-Work, a Richmond-based nonprofit organization dedicated to helping lower-income Virginians get their driving rights restored, she managed to get her licensed reinstated. Now Drive-to-Work is working with her to resolve the toll-violation cases.

Virginia law allows for the suspension of revocation of driver’s licenses for a wide variety of offenses that have nothing to do with bad driving — collecting court costs, non-payment of civil judgments, and failure to pay child support. Of Virginia’s 5.8 million licensed drivers, 974,000 are under suspended-license orders. While some kind of sanction may be called upon for their offenses, says Drive-to-Work President Randy Rollins, a person deprived of a driver’s license often is unable to work and meet the very obligations the suspended licenses are meant to punish.

Ten years ago when Rollins first approached members of the General Assembly to reform the laws, he typically got a frosty reception. But attitudes are changing among both liberals and conservatives, he says. Restoring drivers licenses increasingly is seen as an issue that both advances social justice and supports individual responsibility and self-help.

The nonprofit group operates first and foremost to help people like Carter get their licenses back and work out arrangements so they can pay their fees, fines and penalties. Case workers have helped more than 2,000 individual clients to date. In a related initiative staffed by volunteer attorneys, Drive-to-Work has given 96 prison seminars to help offenders get their licenses when they are released from custody.

Rollins also is working with the Department of Corrections (DOC) to remove another potential impediment — the need to attend a driver improvement clinic before getting a license reinstated. What better time to attend such a clinic, he asks, than when offenders have lots of free time in prison? Drive-to-Work will deliver a clinic online for $65 per participant, a sum that will be reduced to $20 after DOC and Drive-to-Work subsidies. That program is temporarily in limbo up as DOC undertakes the migration of its IT systems to the state’s new vendor, but Rollins is optimistic the issues will be worked out soon.

In the meantime, Rollins, who served as Secretary of Public Safety during the Wilder administration, is working to help lawmakers identify ways to help the cause. He highlights one piece of successful legislation and two additional measures that he would like to see passed.

Pay plans for court fees. Millions of Virginians live paycheck to paycheck, and they don’t have a spare $1,000 to pay court fines and fees. Rather than suspend their licenses, making it harder to work and pay back anything, a law sponsored by Republican Del. Manoli Loupassi allowed for repaying the fines in agreed-upon installments and restoring the license when the agreement was signed, not later when the fines were paid in full.

After a year’s experience, says Rollins, the law appears to be making a difference. Judges are considering individual circumstances when setting payment agreements, many are requiring lower down payments, and a 10-day grace period is preventing defaults.

Suspensions for civil judgments. If a motorist drives a car while uninsured and causes an accident, his or her license can be suspended for failure to pay civil judgments to the insurance companies. While Rollins agrees that there should be sanctions against people who fail to pay, he says suspending their licenses for reasons unrelated to safety violations makes no sense. The license suspension is just another collection tool. If you owe a hospital money, the hospital can’t suspend your license. If you default on your credit card, the card company can’t suspend your license. Why should insurance companies be treated differently?

Child support payments. Licenses can be suspended for failure to pay child support. Child support obligations can run into the tens of thousands of dollars. While the courts do allow payment plans, the minimum down payment is too high, Rollins argues. A $20,000 obligation, for instance, would require a 5% down payment or $600, whichever was higher — often beyond the means of the poor and near poor. Del. Betsy Carr, D-Richmond, sponsored a bill last year that would have set the obligation at the lower of 5% or $600. The bill was defeated last year.

“Suspensions for child support have nothing to do with traffic safety,” says Rollins. In fact the suspension can be a barrier to gainful employment and reduce the chances for paying any child support.”

Legalized Medical and Recreational Marijuana Use Appear to Hurt Alcohol Sales

High times.  In a recent Bacon’s Rebellion column … Will Virginia Legalize Recreational Marijuana Use … I noted that well over 20% of Americans now live in states that have legalized the recreational use of marijuana.  In the column I wondered whether our General Assembly’s reluctance to address the question in a meaningful way might be attributable to Virginia’s unholy trinity of political corruption:

  1. Unlimited campaign contributions
  2. Opposition by well heeled vested interests (i.e., the alcohol manufacturing, distribution and retail industry)
  3. Essentially non-existent rules on the use of, or reporting on, campaign contributions

My hypothesis was that a river of money flows from Virginia’s alcohol industry into the pockets of our elected officials.  The alcohol industry is opposed to legalizing marijuana since legalization hurts alcohol sales.  Meanwhile, our elected officials want to keep the money flow going since it funds not only their re-election plans but also dinners at Bookbinders, golf outings, private clubs and all sorts of other goodies.  Therefore, legalization of marijuana is intentionally stalled in Virginia.  Virginia’s reputation as America’s Most Corrupt State is, in my opinion, well established.  However, the question of whether legalized marijuana use hurts alcohol sales needs to be further examined.

Paging Doctor Weed.  The best information about the impact of marijuana legalization on alcohol sales comes from studies of medical marijuana legalization.  Medical marijuana has been legalized for longer and in more states than recreational marijuana.  Some would say that medical marijuana is a poor proxy for recreational marijuana because medical marijuana is only used to combat disease and therefore is not a substitute for booze.  Yeah, right.  A university study using retail scanner data from 2006 – 2015 found that alcohol sales fell 15% in jurisdictions that legalized medical marijuana.  For the sake of emphasis – this was a study of legal medical marijuana on alcohol sales, not legalized recreational use of marijuana.

The Oregon Trail.  The relationship between legalized recreational marijuana and liquor sales has been studied in Oregon.  In that state, recreational marijuana use is legal at the state level but localities have the right to ban it in their jurisdictions.  A study comparing Oregon localities that allow marijuana sales vs those that don’t found the growth rate of liquor sales for the “booze only” places was faster than in the “booze and reef” areas.  Early days.  Only one year of data.

Miller Time.  A 10-K disclosure by the Molson-Coors company cites legalized cannabis sales as a potential risk to their business. “Although the ultimate impact is currently unknown, the emergence of legal cannabis in certain U.S. states and Canada may result in a shift of discretionary income away from our products or a change in consumer preferences away from beer. As a result, a shift in consumer preferences away from our products or beer or a decline in the consumption of our products could result in a material adverse effect on our business and financial results.”  Four months after citing the business risks of legalized marijuana Molson-Coors announced they are considering the sale of ganja infused beer in Canada.

Rocky Mountain High.  Earlier this year the Aspen Times reported that Aspen’s legal marijuana dispensaries outsold its liquor stores in 2017.  As far as anyone knows, this is the first time such a shift has happened.  I’ll wager it will be far from the last time.

— Don Rippert

Will Virginia Legalize Recreational Marijuana Use?

High times today.  The marijuana legalization wave is beginning to wash over North America. Nine states (WA, OR, CA, NV, CO, MA, VT, ME and AK) along with the District of Columbia have legalized the recreational use of marijuana.  Well over 20% of Americans now live in states which have legalized recreational marijuana use. On Oct 17 of this year recreational marijuana use will be legalized across Canada. While the various provinces will regulate the sale and use of marijuana in their own unique ways, it will be legal across Canada.

Higher times to come. Several more states are slated to decide the question of legalized recreational marijuana use this November (or sooner)…

Michigan – Voter initiated measure to permit those over 21 to grow and possess personal use quantities of cannabis and related concentrates.  Statewide polling data from this spring shows 61% of voters intend to vote “yes” on the measure. While you may not be able to drink the water in Flint it looks like you’ll be legally able to use it in a bong come this November.

New Jersey – The New Jersey legislature is debating bills that would legalize recreational marijuana in the Garden State. Interestingly, some of these bills would also expunge the criminal records of anybody convicted in the past of marijuana-related crimes. Was I ever arrested for weed?  Fuhghetaboutit!

North Dakota – A voter – initiated referendum will appear on North Dakota ballots this November. Uniquely, the North Dakota initiative would set no limits on the amount of marijuana people can possess or cultivate. Perhaps a large stockpile is required to get through those long, dark winters.

New York – A recent state commissioned study on recreational marijuana legalization came out strongly in favor of making ganja legal. Gov Andrew Cuomo quickly sprang to action setting up a working group to write a marijuana legalization bill. Put New York in the “when, not if” column.  This should give new meaning to Billy Joel’s song “New York State of Mind” (which has the opening line, “Take a holiday from the neighborhood”).

Oklahoma – This June Oklahoma voters approved a broad medical marijuana usage law. Activists have collected a lot of signatures to get the question of legalized recreational marijuana on the Nov 6 ballot. Whether there are enough signatures or enough time to get the ballot question approved this year remains to be seen. Sadly, Merle Haggard died in 2016 before being able to revise the first line of his famous song Okie from Muskogee … “We don’t smoke marijuana in Muskogee”.  It seems that sooner, rather than later, people will be openly smoking marijuana in Muskogee.

Delaware – In June, a majority of House lawmakers voted in favor of legislation to legalize marijuana use and retail sales. However, because the legislation imposed new taxes and fees, state rules required it to receive super-majority support. Lawmakers are anticipated to take up similar legislation again next year. I’ll predict that by 2020 people will be legally getting small in the Small Wonder.

A spot of hemp, Mr. Jefferson? Five of the first six presidents of the U.S. were Virginians and there is evidence that all five of them smoked a little hootch from time to time. You can read the evidence from an unimpeachable source … High Times …  here.

Will River City go up in smoke? But what of modern Virginians and Virginia politicians? In a 2017 Quinnipiac poll Virginia voters supported allowing adults to legally posses and use small amounts of marijuana by 59 – 35 percent. So, the voters would like to see marijuana legalized in Virginia. But since when did the voters matter to Virginia’s political elite? They don’t listen to voters, they listen to dollars. The Virginia Public Access Project tallies up the following donation totals for “all years”:

Beverages – Alcohol Distributors / Brokers – $20,885,384
Retail Sales – General $10,113,070
Restaurants – $6,533,357
Beverages – Alcohol Manufacturers – $3,993,418

As point of reference, Dominion Energy donated $11,354,842 during the same period.  Meanwhile, PepsiCo, owner of Frito-Lay – the maker of Cheetos – only donated $82,385.

— Don Rippert

Your Public Servants in Action, Portsmouth Edition

Leslie VanOrden, a 32-year-old magistrate in Portsmouth, has been arrested for heroin possession, reports the Virginian-Pilot. She was charged following a traffic offense that also garnered a reckless driving charge. She is on leave pending the outcome of the case.

Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct other administrative judicial duties.

Fizzle

Jason Kessler defiled the American flag yesterday by associating it with racism. With his latest rally a pathetic bust, Virginians can only hope we have seen the last of him.

So much for the Alt-Right.

Denied a permit to hold a really in Charlottesville, Alt-Right agitator and provocateur Jason Kessler organized a rally in Washington, D.C., on the anniversary of last year’s Unite the Right rally that resulted in widespread violence and the death of a counter-protester. Thousands came — but they were almost all counter-protesters. The Washington Post reports that Kessler attracted only 40 to his “white civil rights rally.”

Other than Kessler and the media, which still hews to the philosophy that if it bleeds, it leads, the group most disappointed by the pathetic Alt-Right showing likely was the radical left.

Antifa members vented their frustration at not being able to confront the rallygoers by lighting smoke bombs and firecrackers and throwing eggs in the direction of police. By then, a steady rain was falling, however, and the protest was fizzling. Most began heading home, but police kept a watchful eye as the black-clad group carrying umbrellas wandered about knocking over trash cans, chanting “Bust a window!” and yelling at police to get out of their cars and “meet us in the streets.”

Meanwhile, in Charlottesville, counter-protesters gathered despite the absence of any white supremacists at all. Last year, lefties criticized the police for letting the situation spiral out of control. This year, they criticized the police for their excessive presence. Reports the Washington Post:

Protesters screamed at police officers, whom some demonstrators had all weekend tried to associate with racism and fascism.

The night before, protesters had gathered at the steps of the Rotunda at the University of Virginia, before a giant banner that said, “Last year they came with torches; this year they come with badges,” and then marched through the streets for hours. On Sunday, the protesters, who had come out to combat absent white supremacists, were trying to combat the police, too. They cursed them. Insulted their looks. “Blue lives don’t matter,” the crowd chanted. And: “We don’t need cops.”

The radical left desperately needs a radical right to give itself meaning and legitimacy in the eyes of the broader public. Take the radical right out of the equation, and the radical left has to find new enemies — and it looks like the police are the most likely candidates. Unlike the Alt-Right, which appears to be imploding, the radical left isn’t going away.

Is Charlottesville Governable?

Charlottesville Police Chief RaShall Brackney. Good luck, you’re going to need it.

The city of Charlottesville arguably has the most left-wing city council of any local government in Virginia. Some of the local left’s fixations are harmless. Advancing the goals of energy efficiency and renewable power in the cause of combating climate change may or may not represent a good return on investment of public dollars, but at least the results — incremental improvements to the environment — are benign. However, the implementation of progressive doctrine can have pernicious effects in such areas as K-12 schools and public safety.

Public safety has become a polarizing flash point in the aftermath of the Unite the Right rally a year ago. Local leftists declared the racist rhetoric of assorted Nazis and Klansmen so heinous that they forfeited the freedom of speech and assembly. Ned Oliver with the Virginia Mercury describes how the debate rages still:

Anti-racist activists in Charlottesville say they’re fed up with calls for civility as groups peddling violent hate speech cloak their rallies in the constitutional rhetoric of free speech, often framing their gatherings literally as “free speech rallies” rather than letting the speech itself — support for the KKK for instance — serve as the headliner.

And a year later, Charlottesville residents remain outraged that the city granted white supremacist groups a permit to hold their infamous Aug. 12 rally in the city.

It’s not surprising in such an environment that law enforcement has become highly politicized. Former Police Chief Alfred S. Thomas Jr. lost his job after a July rally last year in which the police tear gassed rioting leftists and then the August rally in which Charlottesville police allowed leftist and rightest demonstrators to clash violently. After an interim chief served briefly, RaShall M. Brackney, a black woman, has been appointed to run the department.

I know nothing about Ms. Brackney’s professional background or philosophy of law enforcement, but she will not have an easy job. She will be contending with a leftist movement, emboldened and radicalized by the United the Right rally, that deems much of what Charlottesville police officers do as illegitimate. The city has created a Police Civilian Review Board. One sign of things to come: According to this Daily Progress article, progressives are targeting what one defense attorney describes as the department’s stop-and-frisk policy. The broader Black Lives Matter agenda likely will receive full consideration.

Ms. Brackney speaks optimistically of how the police will forge bonds with the community. “In Charlottesville, we have the opportunity to implement best practices and shape the narrative for police-community relations,” she said. “In order to do so, we must collectively define what does a healthy relationship look like between law enforcement professionals and the communities we serve. We then need to identify pathways moving forward to achieve those goals and finally build on successful outcomes.”

My question: Is the left interested in civility and better police-community relations, or will it work to inflame minorities’ sense of grievance and injustice as a way to advance their radical agenda? Without a sense of continual outrage, the left has nothing to offer. I worry that the leftists will continually “move the goalposts” until the police are so bound and handcuffed that the city becomes ungovernable. Moderate liberals (there are virtually no conservatives to speak of in the city) will have to push back. If they don’t, Charlottesville will become synonymous not  only with racial confrontation but anarchy.

Herring Makes the Right Call

Mark Herring

Virginia Attorney General Mark Herring supports abortion rights. He’s sympathetic to the intent behind a federal lawsuit filed by Planned Parenthood challenging states restrictions on abortion. But he has filed a motion to dismiss the lawsuit.

“Many of the challenged laws are decades old, some of the challenged regulations are under active review, and plaintiffs make power arguments that certain other requirements warrant reconsideration by the Virginia General Assembly,” Herring’s motion states. “But a federal courtroom is not the proper venue for debating the wisdom of these policies.” (See the Washington Post coverage here.)

Kudos to Herring. Given his over-reach in other matters, I never expected such restraint. But he is absolutely right. The place to reform Virginia’s abortion laws is in the Virginia legislature, not in the federal courts. Herring deserves credit for taking an action that cannot be popular with his political base.

“Pterodactyl Tim” Kaine Watch: Lying about SCOTUS Nominee

The Age of Innocence.  Tim Kaine was born in St. Paul, Minnesota, but grew up in Overland Park, Kansas. All that folksy Midwestern-ness seemed to imbue Kaine with a decency and honesty that people noticed. One imagines a young man so innocent and naive that he would sneak behind the barn and do nothing. Kaine even interrupted his studies at Harvard Law to help Jesuit missionaries in Honduras run the prophetically named El Progresso School.

Once upon a time in Virginia. Tim Kaine entered politics the old fashioned way – he married into it. While at Harvard, Kaine met his future wife, the daughter of former Virginia governor Linwood Holton. From there Kaine’s political career proceeded rapidly. 1994 – Richmond City Council, 1998 – Mayor of Richmond, 2001 – Lieutenant Governor of Virginia, 2005 – Governor of Virginia. Through all of those Virginia-based positions Kaine was seen as diligent and likable, even by those who disagreed with his leftist views.

Creature from the black lagoon. Kaine’s journey to the dark side began when he became the chairman of the Democratic National Committee in 2009. He was no longer operating within the corrupt-but-friendly confines of the bourbon-and-branch water set in Richmond. Now he was dealing with the mentally deranged, venomous reptiles-from-hell in the D.C. swamp. He went from Timmy the Sweet to the Lizard of Oz. His election as U.S. Senator from Virginia in 2013 may have pulled him from the deepest cesspool of Washington’s primordial ooze but he was about to make a move that would cement his position as a central character from the original Star Wars cantina scene.

When you lie down with dogs … …you get up with fleas. In the case of being Hillary Clinton’s running mate – bionic, radioactive killer fleas that infect their host dog with an overwhelming addiction to misrepresentation, deceit and outright lying. Pterodactyl Timmy was hatched in the nest of the high-flying reptiles of the Clinton crime family.

No such Gorsuch. After conversion to the reptilian class Kaine unleashed one of his most outlandish lies. Aiming his beady lizard gaze at then-Supreme Court nominee Neil Gorsuch Kaine claimed on Twitter that,

He has cavalierly referred to contraceptive use – a constitutionally protected right for 50+ yrs – as ‘the wrongdoing of others.’

Kaine’s quote refers to an opinion then Judge Gorsuch wrote in the famous (or infamous) Hobby Lobby case. He was trying to describe how the owners of the Hobby Lobby company felt about contraceptives. In no way, shape or form could anybody have interpreted Gorsuch’s words as being his own opinion of contraceptives. You can find Judge Gorsuch’s opinion here. You can read Mark Hemmingway’s take on the incident here. In true swamp-dweller fashion Kaine hoped that by telling the big lie he could perhaps sideswipe Neil Gorsuch’s nomination. In this case it turned out Kaine’s dishonesty was exceeded only by his incompetence. Neil Gorsuch is now a member of the U.S. Supreme Court.

General orders. Kaine could have simply apologized, perhaps claiming that Twitter was a poorly chosen vehicle for expressing that opinion. But he didn’t. Instead, he wrote a six-page explanation with a 1,000 word summary of how his lie was actually unvarnished truth. Kaine could have saved himself some time by studying General George Washington. It was he who said, “It is better to offer no excuse than a bad one.” Unfortunately, Pterodactyl Timmy couldn’t find that quote in his bag of carpet. His bad excuse fell on deaf ears. Ramesh Ponnuru over at Bloomberg was having none of it.

Here we go again. On Monday President Trump will put forth his nominee to fill the Supreme Court vacancy caused by Justice Anthony Kennedy’s retirement. Will the high-flying reptile of the D.C. swamp (Pterodactyl Timmy) be able to refrain from further lies about this nominee? Let’s hope so. The last three former governors of Virginia have been Pterodactyl Timmy, Rolex Bob and Terry McCronyCapitalism (whatever happened to that golf cart company, anyway?).  We’re getting a bad reputation.

— Don Rippert

Tennessee License Suspension For Unpaid Debts Ruled Unconstitutionally Unfair to Indigent

Image credit: novacriminalattorney.com.

A federal judge in the Middle District of Tennessee has ruled that Tennessee’s practice of suspending a driving license to compel the collection of delinquent court debts is unconstitutionally unfair to poor people.  She has ordered Tennessee to stop and to start restoring the licenses of people who simply could not pay, but an appeal is likely.

Similar cases are pending elsewhere including one in Virginia which was dismissed but is going back on remand. More than 40 states use the method in some form.  I have not yet been able to find the judge’s written opinion on line, but back in March she issued a memorandum laying out her likely reasoning for a summary judgement in favor of the debtors.

“The fact that it is difficult to collect debts from very poor debtors is a reality faced by people and entities, both public and private, in a wide array of circumstances; indeed, it is a problem as old, presumably, as debt itself,” she wrote.

Also: “Tennessee’s system has the actual effect of imposing a harsher punishment on indigent defendants than on non-indigent defendants based solely on their economic circumstances. A non-indigent defendant has a choice: pay or lose his license. Drivers like (plaintiffs) Thomas and Hixson, they argue, have no such choice. The plaintiffs challenge this differential treatment as unconstitutional pursuant to 42 U.S.C. § 1983.”

The plaintiffs also argued that license suspension is not an option for the collection of private debts, only court debts, 1s further evidence it was not fair.

My introduction to this issue came as the lobbyist for several Virginia law firms doing collection work for various local courts. About five years ago, in budget language that simply appeared in a final state budget document, an additional 17% fee was tacked on to all accounts sent out for collection. The attorney who initially contacted me wanted to know where that anonymous proposal came from, in part because he knew it made it harder for debtors to pay up.

In response to the pending Virginia case, the Virginia Supreme Court directed local courts to allow payment plans that took the defendant’s ability to pay into account. It is not clear whether that was the case in Tennessee or if that is a solution it may propose. It is also not clear yet if that has allowed more Virginians to get their licenses back. It is estimated that one in six Virginians have lost their license over unpaid fines and fees (which do not have to be driving-related at all).

The harsh reality is that state and local governments love this revenue. More than $470 million in fines and fees were assessed in Virginia’s courts in 2017, and more than $200 million were judged delinquent. As high as the basic fines have become, the processing fees and interest magnify the problem in delinquent cases. An annual state report tracks the collection of delinquent fines by the clerks, local commonwealth’s attorneys, local treasurers and a small group of private collectors. It does not appear that collections dropped off in 2017 because of the payment plans.

The even harsher reality is the opponents of this system are right that it ultimately is counterproductive to expect somebody who cannot afford to pay to dig themselves out of debt without basic transportation, which for most means a car. The end of this approach may be in sight, although the judge in her initial memorandum didn’t believe the system was unfair in the case of people who did have the ability to pay. Who decides what, and who is poor enough to be protected from that collection method? It will probably just go away.