311 N. Gum StreetSearcy Attorney: Mike Millar Assistant:
Buck Gipson
State Prosecutor: Chris Raff
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IN THE DISTRICT COURT OF SEARCY, ARKANSAS .
MEMO
TO: ALL COURT AND LAW ENFORCEMENT PERSONS
FROM: PHIL SHOFFNER, JUDGE
RE: POLICY ON PERSONS CHARGED WITH NON PAYMENT/CONTEMPT
As
you are well aware, persons who have not paid their fines are charged with contempt
of court and have cash bonds placed on them. Because of the jail overcrowding and other
considerations we are going to adopt a new policy in dealing with these folks. It will
entail:
1. Allowing the arrestee to be
released provided he/she pays in cash ten (10%) percent of their unpaid
balance to the Sheriff's Office plus the $35.00 warrant charge plus any other fees. The
minimum payment
will be $50.00 plus any fees to be released.
2. Having paid the ten percent
they will be given a special court date which will be at 1:30 p.m on the
last Friday of each month. On this day each month I want to hear all the contempt of
court cases.
3. The arrestee should be
told upon being released that if they do not show up the specified day then a
failure to appear warrant will be issued and they should not expect any consideration
after that.
4. There will be some people who
having been found guilty of contempt of court will be sentenced to jail.
They will be deserving of this treatment because e.g. they have not paid in some time and
have had the ability
to pay. For those people I will sentence them to pay their fine at ten ($10.00)
dollars per day.
IT IS IMPORTANT THAT THESE PEOPLE DO DAY FOR DAY ON THEIR SENTENCE. That
will be the court order and I will expect it to be complied with unless the most unusual
circumstances arise and
then they will be released or dealt other fashion only on my order .
5. The Sheriff's Office should
report to the District Court clerks the persons who are given the last
Friday's date. The clerks should develop a call sheet and docket sheets on these persons.
6.
For those persons sentenced to sit out their unpaid :fines either currently under court
order or those
who may be sentenced in the future, they will be able to be released upon payment in full
of their unpaid
balance. The unpaid balance shall be the net after credit for their number of days served
under the commitment
order for nonpayment at ten ($10.00) per day. Payments such as these should be reported to
the District clerks
so they may report to me the disposition of these persons. I want to know the number who
sit out their non
payments and those who eventually pay.
7. I will expect this memo to
be complied with or if it cannot be, then your comments as to why. Assuming that there is
nothing here that is insurmountable, I will present this as an Order in the next month or
so.
Date:
7/10/01
cc: Searcy District Court Clerks
White County Sheriff's Office
White County Detention Center
Searcy Police Department
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