Bearden v. Georgia

{{Infobox SCOTUS case

| Litigants = Bearden v. Georgia

| ArgueDate = January 11

| ArgueYear = 1983

| DecideDate = May 24

| DecideYear = 1983

| FullName = Bearden v. Georgia

| USVol = 461

| USPage = 660

| ParallelCitations = 103 S. Ct. 2064; 76 L. Ed. 2d 221; 1983 U.S. LEXIS 39

| Prior = Bearden v. State, 161 Ga. App. 640, 288 S.E.2d 662 (Ct. App. 1982); cert. granted, {{ussc|458|1105|1982|el=no}}.

| Subsequent =

| Holding = A sentencing court cannot properly revoke a defendant's probation for failure to pay a fine and make restitution, absent evidence and findings that he was somehow responsible for the failure or that alternative forms of punishment were inadequate to meet the State's interest in punishment and deterrence, and hence the trial court erred in automatically revoking petitioner's probation and turning the fine into a prison sentence without making such a determination.

| Majority = O'Connor

| JoinMajority = Brennan, Marshall, Blackmun, Stevens

| Concurrence = White (in judgment)

| JoinConcurrence = Burger, Powell, Rehnquist

| LawsApplied = U.S. Const. amend. XIV

}}

Bearden v. Georgia, 461 U.S. 660 (1983), was a landmark{{cite book |last1=Kirby |first1=David |title=When They Come for You: How Police and Government Are Trampling Our Liberties - and How to Take Them Back --> Chapter Debtors Prison V.S. U.S. Constitution |date=October 29, 2019 |publisher=St. Martin's Press |isbn=9781250064363 |url=https://books.google.com/books?id=zHtJDwAAQBAJ&q=bearden+v.+georgia+landmark&pg=PT60 |archive-url=https://web.archive.org/web/20210413190238/https://books.google.de/books?id=zHtJDwAAQBAJ&pg=PT60&lpg=PT60&dq=bearden+v.+georgia+landmark&source=bl&ots=f6yE5jdVcm&sig=ACfU3U2ljV09OpD9ZlAVMAsqQAcfZ7f-Xg&hl=de&sa=X&ved=2ahUKEwis45rF8vvvAhWAg_0HHXtaAoAQ6AEwBnoECAYQAw#v=onepage&q=bearden%20v.%20georgia%20landmark&f=false |archive-date=April 13, 2021 |language=English}}{{cite book |author1=Christopher B. Maselli |author2=Paul Lonardo |title=The New Debtors' Prison: Why All Americans Are in Danger of Losing Their Freedom --> Chapter Bearden v. Georgia |date=May 19, 2019 |publisher=Skyhorse |isbn=9781510733251 |url=https://books.google.com/books?id=ZVhSDwAAQBAJ&q=bearden+v.+georgia+landmark&pg=PT36 |access-date=April 13, 2021 |archive-url=https://web.archive.org/web/20210413204117/https://books.google.de/books?id=ZVhSDwAAQBAJ&pg=PT36&lpg=PT36&dq=bearden+v.+georgia+landmark&source=bl&ots=Cxhh_KFeiO&sig=ACfU3U3ELMOpfn5BcewsYNTgzkScyQcKsA&hl=de&sa=X&ved=2ahUKEwis45rF8vvvAhWAg_0HHXtaAoAQ6AEwB3oECAUQAw |archive-date=April 13, 2021 |language=English}} U.S. Supreme Court case holding that a local government can only imprison or jail someone for not paying a fine if it can be shown, by means of a hearing, that the person in question could have paid it but "willfully" chose not to do so.{{ussc|name=Bearden v. Georgia|volume=461|page=660|pin=|year=1983}}. {{usgovpd}}{{cite news | url=https://www.washingtonpost.com/news/the-watch/wp/2015/10/21/a-debtors-prison-in-mississippi/ | title=A debtors' prison in Mississippi | newspaper=Washington Post | date=21 October 2015 | accessdate=23 March 2016 | author=Balko, Radley}}{{Cite journal |last=Bellacicco |first=Sarah |year=2013 |title=Safe Haven No Longer: The Role of Georgia Courts and Private Probation Companies in Sustaining a De Facto Debtors' Prison System |url=http://georgialawreview.org/wp-content/uploads/2014/07/Download-PDF-V48-I1-Bellacicco.pdf |journal=Georgia Law Review |volume=48 |issue=1 |pages=227–267 |access-date=2017-04-03 |archive-url=https://web.archive.org/web/20170208091725/http://georgialawreview.org/wp-content/uploads/2014/07/Download-PDF-V48-I1-Bellacicco.pdf |archive-date=2017-02-08 |url-status=dead }}{{rp|232}}

Background

Tunnel Hill, Georgia resident, Danny Bearden was convicted of robbery for breaking into a trailer as a young man. As a result, he was ordered to pay a $500 fine and $250 in restitution, which he was initially paying off until he lost his job and couldn't find another one.{{Cite web |url=https://www.npr.org/2014/05/19/310710716/profiles-of-those-forced-to-pay-or-stay |title=Profiles Of Those Forced To 'Pay Or Stay' |website=NPR |publication-date=2014-05-19}}{{cite web | url=https://www.npr.org/2014/05/21/313118629/supreme-court-ruling-not-enough-to-prevent-debtors-prisons | title=Supreme Court Ruling Not Enough To Prevent Debtors Prisons | work=NPR | date=21 May 2014 | accessdate=23 March 2016 | author=Shapiro, Joseph}} This left him unable to pay the rest of his fines and fees, for which Georgia sent him to prison.{{cite web | url=https://www.theatlantic.com/national/archive/2015/02/locked-up-for-being-poor/386069/ | title=Locked Up for Being Poor | work=The Atlantic | date=25 February 2015 | accessdate=23 March 2016 | author=Pishko, Jessica}} Bearden's case was handled by Jim Lohr, a court-appointed attorney who had graduated from law school only a few years earlier. Lohr spent hours researching in the library before the case.

Ruling

On May 24, 1983, the Supreme Court ruled 5-4 that imprisoning Bearden violated his Fourteenth Amendment rights to "fundamental rights".{{cite web | url=https://www.nytimes.com/1983/05/25/us/justices-overturn-jailing-of-man-who-was-too-poor-to-pay-a-fine.html | title=Justices overturn jailing of man who was too poor to pay a fine | work=New York Times | date=25 May 1983 | accessdate=23 March 2016}} In the Court's opinion, Sandra Day O'Connor, the Supreme Court's most junior Associate Justice at the time, wrote that it was "fundamentally unfair" for Georgia to have imprisoned Bearden. The ruling held that local governments "must inquire into the reasons for the failure to pay" when dealing with revocation cases for people who failed to pay a fine, and that only if the probationer "willfully refused to pay or failed to make sufficient bona fide efforts legally to acquire the resources to pay" can they be imprisoned or jailed.{{cite journal | url=http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1466&context=uclf | title=The Conflict over Bearden v Georgia in State Courts: Plea-Bargaining Probation Terms and the Specter of Debtors' Prison | author=Wagner, Ann | journal=University of Chicago Legal Forum | volume=2010 | issue=1 | pages=382–406}} The ruling also held that courts must consider alternatives to imprisonment and determine that they are insufficient to "meet the state's interest in punishment and deterrence" before sending someone to prison for nonpayment of a fine.

Impact

Although the Bearden ruling required that the defendant in a case regarding not paying court fines can only be imprisoned if they "willfully" chose not to pay them, the Court did not define what "willfully" meant in this context. This has frequently led to judges having to determine whether someone who did not pay a fine was too poor to do so or not.{{cite web | url=https://www.npr.org/2014/05/19/312158516/increasing-court-fees-punish-the-poor | title=As Court Fees Rise, The Poor Are Paying The Price | work=NPR | date=19 May 2014 | accessdate=23 March 2016 | author=Shapiro, Joseph}} Some attorneys with many poor clients have argued that the requirement in Bearden that judges consider a defendant's ability to pay is almost never enforced.