By Lee Granade

The American Civil Liberties Union (ACLU) and the Terrell Marshall Law Group, PLLC filed a federal lawsuit in 2017 against Lexington County, SC, in which it alleged a two-tiered system of justice for those who were able to pay court fees and those who could not. In its lawsuit, Brown v. Lexington County, the ACLU showed where impoverished persons were being illegally arrested and incarcerated without providing legal counsel or determining that the failure to comply with court orders was actually willful. Historically, the only way for the accused to avoid incarceration was to pay the entire amount of outstanding fees up front and fully — simply not possible for many.

Beaufort mother Rachel Armstrong being handcuffed and taken to jail for nonpayment of Judge Mandy Kimmons’ legal fees.

Shortly after the filing by the ACLU, Chief Justice Donald Beatty issued a memorandum stating that it had “continually” come to his attention that SC citizens’ due process rights were being violated. The memo informed judges that this practice was a gross violation of the Sixth and Fourteenth Amendments to the U.S. Constitution, in addition to “numerous opinions” of the Supreme Court of the United States (SCOTUS).

Had the judges forgotten, or had they chosen to legislate from the bench?

Around the same time that Beatty issued this memo, Lexington County rescinded approximately 6,000 warrants and stopped the “debtors’ prison” practice estimated to affect 1,000 Lexington County citizens annually. Even with these concessions by local authorities, the ACLU pressed forward for the next 5 years to help ensure that the county would not return to such illegal debt collection practices. During this time, Lexington County rewarded its legal team with fees totaling $324,238.79 according to Delbert Singleton of the SC State Fiscal Accountability Authority (SFAA).

In 2022, the parties finally reached a settlement that provided for the county to receive funding for 10 new full-time staff (including 6 attorneys) annually to provide the needed legal support to indigent persons unable to pay fines and fees.

Wouldn’t Such a Case Resolve the Practice of Debtors’ Prisons?

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