Minnesota’s Mandatory Court Surcharge and the Failure of the Fee-for-Service Criminal Justice System

Abstract

to generate greater revenue for their budgets. 6 Minnesota is no exception. Take, for instance, a violation for driving with expired tabs. 7 This violation carries with it a fine of $30. 8 A defendant who pleads guilty to this offense must pay substantially more than just $30, however. 9 When a defendant pleads guilty there is also a Court Surcharge of $75 and a law library fee as high as $15 depending on the county. 10 This can balloon further if someone is late in paying the court, as there is a $5 late fee after thirty days and a $25 late fee after sixty days. 11 Thus, the cost of this minor violation can quickly swell up to $150 for an indigent defendant unable to pay.The bulk of this cost, the $75 Court Surcharge, is not a fine related to culpability, but rather it is a fee applied to all criminal convictions which raises money to support the state court system. 12 Ramsey County Manager of Safety and Justice, Scott Williams, described the system as "an ongoing pattern where, 'Oh, we have a tough budget year -we have a number of tough budget years -we have a budget hole to fill. How do we fill this? Well, we can add some fees.'" 13 Despite the benefits the whole community receives from a functioning criminal justice system, policies like the Court Surcharge promote a view that the cost of a functioning criminal justice system should fall squarely on the shoulders of the lowincome, BIPOC communities who are policed and arrested at disproportionate rates. 14 Further, fee-for-service criminal justice is antithetical to the purposes of punishment which help guide the system to more just and socially beneficial results. 15