A doctor in the Midwest wrote to me again this past Friday
about how the economic mess is destroying people.
He wrote, “One of my patients is a . . . 40ish CPA and she
was in for an eye problem yesterday . . . She was distraught over the state of
the economy and its effect on her clients. She has had many this year who have
lost their homes to foreclosure. To her -- and her clients’ -- dismay, the bank
or lending institution is issuing 1099
forms for re-po’d property to the victims. Apparently, since the hapless
former homeowners are effectively ‘forgiven’ the remaining amounts on their
loans, that is imputed as earned income and they are turned into the IRS for
large tax liabilities!!! How’s that for justice? She said that she had actually
had people speak seriously about killing themselves!”
“What a screwed up country . . . Yesterday, I finally bit
the bullet and cashed in part of my IRA (already down near 50%) to pay off
office credit cards (we have depended on these credit lines for office expenses
for some time) because they all raised their rates to 30%!!! Of course, O[bama]
has nothing to say about usury . . .
“On top of this, I ran across this today . . .” What
followed was an article by Eric Ruder, Guilty of Being
Poor from dissidentvoice.org. I will highlight some of its points but this
is a must-read. It picks up the theme that the good doctor and his patient
experienced firsthand, that of debtor’s prison, or jail time for nonpayment of
debt.
As Ruder points out, “19th century jailers, even pre-Civil
war, largely abandoned this odious practice of putting people in jail for
falling into debt . . . In fact, in the 1970s and 80s, the US Supreme Court
affirmed that incarcerating people who can’t pay fines because of poverty
violates the US Constitution.” As he states, “some states and county jails
never got the memo. Welcome to the debtor’s prisons of the 21st century.” He
then detailed a number of real-life, often tragic cases.
The first was a poor Michigan resident who was ordered to
reimburse a juvenile detention center $104 a month for holding her 16-year old
son. This was the subject of a New York Times
editorial, as well. I wonder if Ponzi swindler Bernie Madoff will be
billed for his coming stay in prison, or Tyco International’s CEO Dennis Koslowski or
Enron’s former CEO Jeff
Skilling pay for their stays in prison.
In regard to the hapless Michigan resident, Edwina Nowlin,
the Times wrote, “When she explained to the court that she could not afford to
pay, Ms. Nowlin was sent to prison. The American Civil Liberties Union of
Michigan, which helped get her out last week after she spent 28 days behind
bars, says it is seeing more people being sent because they cannot make various
court-ordered payments. That is both barbaric and unconstitutional.”
Ruder wrote Nowlin’s case was more serious than the Times
imagined. “Not only was Nowlin under orders to pay a fine stemming from someone
else’s actions, but she had been laid off from work and lost her home at the
time she was ordered to ‘reimburse’ the county for her son’s detention.” And
even though she couldn’t pay, the court held her in contempt and laid a 30-day
sentence on her.
Three days after she was jailed, she was let out for a day
to work. She picked up a paycheck of $178.53, which she assumed could be put
towards paying off the $104 to gain release from jail. But no, when she
returned to the jail, “the sheriff told her to sign her paycheck over to the
country—to pay $120 for her own room
and board plus $22 for a drug test and booking fee.”
Nowlin asked for but was denied a court-appointed lawyer for
her defense. “So, because she was too poor to pay for a lawyer and denied her
constitutional right to a court-provided lawyer, she couldn’t fight the
contempt charge that resulted from her poverty.” This as the fines and fees she
was supposed to pay now multiplied like a credit card balance.
The director of the Michigan ACLU said, “Jailing her because
of her poverty is not only unconstitutional. It’s unconscionable and a shameful
waste of resources. It is not a crime to be poor in this country, and the
government must stop resurrecting debtor’s prisons from the dustbin of
history.”
Nor is Michigan the only state where you can be jailed for
involuntary poverty. This nefarious process is going on every day in courtrooms
around the USA. Read Ruder’s story for these hair-raising examples.
They take place in a number of southern states, including
Georgia and Louisiana, and bear the unmistakable stamp of racism, as well as
state-sponsored usury, a kind of terrorism all its own. It includes debtors
being turned over to for-profit collection companies until they pay off their
fines. So, while on prison probation, they have to come up with substantial
monthly “supervision fees” that can double or triple the amount that a
well-situated person would have to pay for the same offense.
Thus, this poverty profiling of debtors only serves to dig
its victims deeper into debt with the possibility of longer and longer jail
time, for which, in turn, there will be new charges.
That’s almost as vicious as Madoff’s Ponzi scheme and as
criminal, given the defendant’s inability to obtain legal counsel.
Eric Ruder’s writes, “We need to build a movement, like the
working-class struggles of the 1930s, that can demand an end to the inhuman
practice of incarcerating people for no other crime than finding themselves at
the bottom of the social ladder.”
Jerry Mazza is a freelance writer living in New York
City. Reach him at gvmaz@verizon.net. His new book, “State Of
Shock: Poems from 9/11 on” is available at
www.jerrymazza.com, Amazon or Barnesandnoble.com.