Dear Editor:

The story about a defendant who was jailed because he was too poor to pay a fine was an inaccurate disservice to your readers. A check of the public records shows he was not just charged with displaying a fictitious vehicle certificate, he was also charged with operating a vehicle after habitual offender revocation.

The defendant was not jailed because he "was too poor ... to register a car." Nor is it accurate to say "he wouldn't be serving time, but for being poor."

He twice failed to appear in court for dispositional conferences.  The first time he failed to appear, bail was set at $250.  Bail was forfeited when he failed to appear. The second time bail was set at $500.  He was in jail 10 days until he posted bail. The only reason he was held in jail was because he failed to appear in court and was held until he could post bail.

No fine has been imposed yet in this defendant's case. When he finally appeared in court, he entered into a deferred disposition agreement with the District Attorney's Office and the case remains pending.

So this isn't even one of those cases where a defendant is jailed for a failure to appear or pay.  No fine has been imposed. The case remains pre-conviction. The story is fiction.

Eighty percent of life is just showing up.  It is especially important to show up at court when ordered to do so. If a fine is at issue, (and that is not this case) Maine judges work diligently with defendants to craft payment plans. The courts have payment plans as low as $10/month! Payment may be suspended until a defendant is financially able to pay.  All a defendant has to do is show up, when ordered, and explain their circumstances to a judge; the judge will work with them. 

Respect for the rule of law includes showing up at court when ordered to do so.  The rule of law cannot work when individuals ignore court ordered appearances.

The defendant in the story was not jailed for being too poor to pay a fine. He was jailed for ignoring multiple orders to appear in court, and when caught, could not post bail. 

Mary Ann Lynch, Esq.
Media and Government Counsel
Maine Judicial Branch