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Should spouses/partners be held responsible for a partner’s court fines?

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The New Hampshire Supreme Court Advisory Committee on Rules is considering changes to rules that govern how judges deal with low-income people unable to pay court fines.

One rule proposed by Supreme Court Justice Robert Lynn would allow a judge to consider the income from a defendant’s spouse.

Critics questioned who would qualify as a spouse or partner, and expressed doubt that a low income defendant would have a richer spouse able to pay. Others also expressed concern at the possibility such a rule would cause family disputes.

Those in favor of the proposed rule change cited similarities with divorce laws where judges can take into account a spouse's income or even a new spouse’s income to determine child support.

The proposed rule changes follow a 2015 report by the American Civil Liberties Union-New Hampshire which found that some New Hampshire judges were ignoring state law and the federal constitution by incarcerating those too poor to pay fines.

UPDATE: Read our Citizen Voices℠ report and find out where New Hampshire stands on this issue.

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