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NORTH CAROLINA POVERTY RESEARCH FUND 21 Court Fines and Fees: Criminalizing Poverty in North Carolina Figure 3. North Carolina corrections spending from General Fund (2015 constant dollars in millions) Source: National Association of State Budget Officers By the 2000s, the practice in North Carolina of relying on fees for revenue was entrenched, with the number of fees proliferating throughout the decade. “We began to see this legislative constant,” said a former chief public defender. “Each session we’d see an add-on or increase in a cost or fee.”120 The General Court of Justice fee has increased 260% (for district court) and 243% (for superior court) since 1995. Had the fees gone up at the rate of inflation, they would be about $66 (district court) and $73 (superior court)—approximately a third of their current amount. As discussed above, the courts are not the primary beneficiary of fines and fees. The state constitution requires that fines go to local public school districts.121 The most common fees are remitted to the state’s General Fund, which is the central “bucket” of unrestricted money the state draws on to pay its expenses. In fiscal year 2015-16, the judicial branch disbursed about $266 million in fees to the General Fund alone122 and over $737 million in fines, fees, restitution, forfeiture and other receipts—a 212% increase from 1992 (Fig. 4).123 Despite siphoning millions of dollars from defendants, the court system itself has been starved for funds. The judicial branch annual report from 2000 bluntly summarized the situation, stating that it “has and will likely to continue to struggle with chronic underfunding.”124 Subsequent years brought little change. In 2007, North Carolina ranked 49th out of the fifty states in per capita spending on its judicial branch. Five years later, in 2012, it was still firmly lodged at the bottom at 45th.125 According to the most recent annual report, cuts to positions and other forms of attrition have left the judicial branch “in an unsustainable position” going forward.126 120 James Williams interview with the North Carolina Poverty Research Fund, June 30, 2017. 121 North Carolina Constitution, Article IX, Section 7. 122 North Carolina Administrative Office of the Courts Budget Management and Financial Services, Statistical and Operational Report of Budget Management and Financial Services: July 1, 2015 - June 30, 2016, 5–6. 123 Remittance amounts are included in the annual Budget Management and Financial Services report issued by the AOC and available at http://www.nccourts.org/Citizens/SRPlanning/Statistics/Operational.asp. 124 Lakin and Hardee, 2000 Annual Report: North Carolina Courts: Working Together for Our Families and Our Future, 15. 125 North Carolina Administrative Office of the Courts, Annual Report of the North Carolina Judicial Branch: July 1, 2015 - June 30, 2016, 6. 126 North Carolina Administrative Office of the Courts, 6. $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 $2,000