For Leann Banderman, “case closed†might be the two most beautiful words in the English language.
That is the ending that Dent County Circuit Judge Kelly Parker wrote last week to Banderman’s .
It started at a Walmart in Salem in early 2016. Banderman stole some nail polish. Former Associate Circuit Judge Brandi Baird sentenced her to 30 days in jail. Then she got the jail board bill for $1,400, and Baird required her to show up monthly to make payments or face the threat of more jail. A year later, she spent nearly two more months in jail because she missed one of those hearings and couldn’t afford to make her payments. She got a new bill for $2,100.
This is the cycle of debtors prison that the Missouri Supreme Court sought to end with its unanimous decision last month in two cases that mirror Banderman’s. In the cases of George Richey and John Wright, the court said that judges with more jail time over an inability to pay jail board bills. Those bills, if unpaid, must be sent to the Office of State Courts Administrator, the court said, where they could be collected civilly through income tax intercepts.
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Last week, Banderman became enshrined in Missouri case law. That’s because the Court of Appeals in the southern district became the first court to apply the Richey and Wright rulings to another case. As he had in the Richey and Wright cases, Matthew Mueller of the state public defender’s office had filed a motion in Banderman’s case objecting to the practice of using the criminal courts to try to collect her jail bill, arguing that the process Baird used was against the law.
The Court of Appeals the second of Banderman’s jail bills. It sent the first case back to Dent County for further consideration.
This is where Parker comes in. Voters tossed Baird last November. Parker, the presiding judge in the 42nd Judicial Circuit, took over the case and applied a little common sense.
“This court, having considered the defendant’s incarceration from March 17, 2017, to May 9, 2017, feels compelled by principles of justice and fairness to waive all remaining jail board bill of the defendant,†Parker wrote. “All remaining jail board bill of the defendant is ordered waived. The court notes that costs are paid in full. Case closed.â€
It was a relief, Banderman told me.
But not much of one.
“I’m living on the streets,†she said.
This is the reality of what the application of modern-day debtors prisons has done to much of rural Missouri. Even with the state’s top court making progress in eradicating the practice of putting people in jail because they can’t afford to be in jail, the defendants who ended up behind bars still have to live with the consequences.
Back in 2016, Banderman had paid off her car. Then she got arrested on a warrant issued by Baird because she hadn’t paid her jail bill. She was in St. Louis at the time. The car got impounded. She got sent back to the Dent County Jail for nearly two months. By the time she got out, she couldn’t afford to get her car. She still doesn’t have one.
“It’s been very hard to find jobs because I don’t have a car,†Banderman tells me.
These days, she bounces back and forth between Licking and Salem, staying with family and friends, trying to keep her head above water.
It’s an existence that Cory Booth knows well. He’s been tied to the same debtors prison system as Banderman, Richey and Wright — but in Caldwell County — since 2007. That was the year in a teenage prank. Booth was 17. For a dozen years, he’s had to visit Associate Circuit Judge Jason Kanoy every month, or make a payment on his jail board bills, most of which were accumulated because he couldn’t afford to pay the first one.
Last week he received a note from the court. Following the Supreme Court’s decision, Caldwell County isn’t wiping out his remaining $3,800 debt, but is sending it to the county sheriff for collection. Worse, the court told Booth he still owes $160, the original court costs in the case. He’s paid thousands of dollars over the years, but the court always applied the money to the ever-increasing board bill, rather than the minimal court costs, such as the $10 fee that’s supposed to help crime victims.
According to the letter he received from the circuit clerk, Booth is now scheduled for a “probation violation hearing†on Thursday.
There’s only one problem: He’s not on probation, and he hasn’t been for more than a decade.
He’s afraid Kanoy or the sheriff will find a way to send him to jail again. Unlike Banderman, his case is not closed.
“As it sits right now, there’s a lot of us who don’t know what’s going on,†Booth says. “We’re just trying to stay in good graces.â€
Justice and fairness will have to wait for another day.
Jailed for being poor is Missouri epidemic: A series of columns from Tony Messenger
Tony Messenger has written about Missouri cases where people were charged for their time in jail or on probation, then owe more money than their fines or court costs.Â
The Pulitzer Prize board considered these columns when it decided to award the prize for commentary to metro columnist Tony Messenger.Â
In a twist of irony, one judge no longer calls them “payment review hearings.†Instead, he’s even more direct. Now they are called “debt colle…
“The jail is emptying out. People that do come in are able to bond out quickly. None of the girls here are being held for financial reasons. T…
In a case of civil contempt — such as when a judge jails a reporter for not revealing a source, or an attorney for failing to follow an order …
Even with the state’s top court making progress in eradicating the practice of putting people in jail because they can’t afford to be in jail,…
“There are a pile of cases where people owe us money,†the judge told the defendant, a painter, who said he was having a hard time finding wor…
No longer, the court said in one voice, can judges in Missouri threaten indigent defendants with jail time for their inability to be able to a…
Disparate treatment of people charged with crimes offers a glimpse into a fundamental problem in the application of criminal justice in Missou…
Weiss wants the Legislature to make it illegal for counties to charge defendants for their time behind bars.
“How can they cancel a court date then issue a warrant without even telling you the new court date?†Sharp wonders.
His bill would stop the practice in ÁñÁ«ÊÓÆµ of state police agencies avoiding state jurisdiction by seeking asset forfeiture under guise of f…
"He sat in jail because he was poor," public defender Matthew Mueller said of his client.
The two defendants are Exhibits A and B of why Missouri has become the front line in a national war on poverty and the courts.
She knows what she did was wrong. She knows she should have been punished.
“It's been a hard road,†she told me recently. “Really hard.â€
For decades, Missouri’s corrections budget has been rising. So has its prison population, with a “tough on crime†philosophy filling prisons w…
“We’re hamstringing the very people who we want to go out and get a job,†Lummus says. “It’s self-defeating.â€
In his regular appearance on the McGraw Milhaven show on KTRS radio, Metro columnist Tony Messenger discusses his ongoing debtors' prison series.
He did his time. Then he got the bill: $3,150 for his stay behind bars.
A year-end update on some of the cases Tony Messenger wrote about during 2018.
The primary difference between the poor people who have been “terrorized†in Edmundson or Jennings or Ferguson, compared with those in Salem a…
The Court of Appeals in the Western District of Missouri determined that the practice of using the courts to try to collect board bills is ill…
Some counties in Missouri don't charge board bills. Those include the most urban counties in the state: both the city and county of St. Louis,…
I did my time and then some. This is how they get people. They keep them on probation and then if they don't pay their board bill they violate…
By 2009, Rapp was behind in her payments and the court revoked her probation. She did a couple of days in jail and her cash bond of $400 was a…
Every week in Missouri, a judge somewhere holds a crowded docket to collect room and board from people who were recently in jail. The judges c…
“I don’t see why he has to keep going to court every month,†she says. Sharon uses her Social Security income to try to keep him out of jail. …
Because Precious Jones was late to jail, prosecutor and judge seek to add to her sentence.
The Missouri Supreme Court and Missouri Legislature should revisit their 2015 and 2016 efforts to reform courts. More work is necessary.
Other than now being required to meet federal standards for that drug testing, private probation companies face nearly no oversight in Missour…
“I messed up on probation,†he says. “It was my fault.†Still, he doesn’t think it makes sense that he’s still hauled to court once a month wi…
Murr owed Dent County about $4,000 for her “board bill†for the 95 days she had been jailed.
The domestic violence victim, Gaddis says, wouldn’t make a report to police because she feared going to jail herself and losing her child.Â
“They make you jump through hoops,†Bote says, “and then they keep moving the hoops higher.â€
William Everts stole from a church. Almost immediately, he knew it was a bad idea.
Bergen has the sort of back story that would inspire one of the movies or television episodes based in the Ozarks that seem to be all the rage…
Clark ended up spending 495 days in county jail awaiting a trial that still hasn’t come.
Pritchett first called me last year, after I wrote about a St. Francois County woman who was sent to prison for failing to pay court costs. He…
Rob Hopple had been in jail since May after falling behind on payments on an ankle bracelet. Court dates kept coming and going, with the prose…
The bills are that high because the two criminal defendants couldn’t afford to pay for an initial sentence behind bars for relatively minor of…
“The practical reality is that people are being arrested for being poor,†Mueller says. “And there’s nothing they can do about it. They just s…
At least twice in recent years, the Missouri Supreme Court has overturned harsh sentences issued by a judge after she sent people to prison so…
Branson, in early 2018, was in Desloge, Mo., now, living with her 15-year-old son, checking in with her parole officer, hoping never to go bac…
Officially, Victoria Branson’s probation was revoked because she never paid the state the past due support and the court costs, which rang up …