Piecemeal Justice: Localized Indigence Assessments and Their Implications for Poverty Governance

• In Event: Local Justice in Practice: How Poverty and Legal Debt Intersect with Justice System Programs and Practices

Abstract

Indigence, or a state of poverty, significantly impacts an individual’s access to justice in the criminal legal system. For example, establishing indigence in the courts dictates whether and how much a person has to pay in legal-financial obligations, or the fines, fees, surcharges, restitution, and assessments levied on system-impacted persons. Legal precedent on indigence has evolved significantly over time and place. While courts must provide legal representation for indigent individuals, how individuals are deemed indigent depends on localized court practices. We use ethnographic and interview data from Georgia and Missouri courts to explore the discretionary practices of the assessment of indigency. Findings highlight the piecemeal nature of assessing indigence and the primary discretion afforded to local judges. We discuss the findings' implications regarding poverty governance and legal consciousness. We make recommendations for standardizing the ability to pay across jurisdictions.

Authors

• Brittany Martin, University of Rhode Island

• Andrea Giuffre, California State University, San Bernardino