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Via Huffington Post
Aug. 25 ― All of the plaintiffs in the lawsuit are no longer incarcerated, with Charles Dade and Nikki Petree being released from jail on Thursday, according to Rebecca Sturtevant, a spokeswoman for the Lawyers' Committee for Civil Rights Under Law.
A reporter with the Arkansas Times visited the "hot check" court on Thursday and spoke with a number of defendants, some of whom broke down in tears talking about their ordeals. One man claimed to have spent 405 days in the Pulaski County Jail over the years after passing a $58 hot check back in 1998. Richard Green Sr. said he now pays $200 every month and has to show up at court every three months.
"I have lost everything because of this," Green told the Times. "It's just a revolving cycle I'm on. You never know when you're going to get it paid off. It'll seem like you're going to get it paid off, but you don't get it paid off. You think it's going down, but then it's going back up on you. You never get through paying."
None of the defendants spent more than 45 seconds in front of Judge Hale, according to the report. Hale issued a statement to KATV, claiming he does not "run a so called 'debtor's prison' in Sherwood. If a defendant pleads guilty, or is found guilty, of writing a hot check we set up a payment plan. It is only after the third or fourth time that they fail to comply with a court order that we incarcerate."
Hale's statement makes no mention of his constitutional duty to make an inquiry into a person's ability to pay before sentencing them to incarceration for failing to make a payment.
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