Friday, March 22, 2019

Discriminatory Driver's License Suspension Schemes - American Constitution Society

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Danielle Conley of Wilmer Hale and former associate Ariel Levinson have authored an issue brief on Discriminatory License Suspension Schemes published by the American Constitution Society.  Driver's license suspension for debt drives low income people further into poverty, often piling job loss onto more punishment for driving while suspended.  Many states have moved to ameliorate these burdens, awareness of which has grown since the U.S. Department of Justice highlighted the problem of the burdens of fines and court penalties place on low income people in Ferguson, Missouri.  
A New Jersey judge has declared void the state's automatic suspension policy for child support delinquencies.  Imposed without notice and without an opportunity to be heard on ability to pay, the state has been ordered in Kavadas v. Martinez to provide hearings and counsel at state expense.

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