The front page of the Oklahoman today reveals that the Oklahoma County Sheriff Whetsel is in trouble with District Judge Elliott over how much the sheriff charges inmates to stay incarcerated in the jail.  The sheriff is also in trouble with District Attorney Prater, who asked the state auditor to audit the sheriff’s financial records.

Whetsel originally asked the judge to set a jail rate at over $48 per day.  Knowing that the sheriff made money from inmate telephone calls and canteen, Judge Elliott asked why that revenue had not been deducted from the sheriff’s costs.  The sheriff went back and figured the rate again and settled at over $40.  Judge Elliott didn’t buy that sum either and set the figure at $32, since the sheriff contracted with DOC for that rate.  Now the judge is questioning why some inmates are held for days after they have posted bond.  The judge even told the sheriff’s representative he didn’t believe anything he said.

The sheriff’s difficulties are a symptom of the recent perversion of the criminal justice system.  Instead of protecting and serving their communities, law enforcement official are targeting crimes and citizens to extract revenue, thus incurring the wrath and distrust of the public.

Remember Ferguson, Missouri, Kids?  According to the April 15, 2015 issue of the Harvard Law Review, the municipal court there issued almost twice as many arrest warrants than any other city in the state.  The population of Ferguson in 2013 was around 20,000, but they issues over 32,000 arrest warrants for non-violent and traffic offenses.  If the offender didn’t show up in court they were assessed another fine of $120-$130 and a $50 new warrant charge.  If arrested, the offender was held in jail until court convened.  Of course, court only met three times a month and the offender was charged $30-$60 per day for his stay while waiting. No wonder there was such hostility toward law enforcement in Ferguson.

The law review article is critical of the practice of Oklahoma prosecutors, who can delay a case and not file charges for up to three years in exchange for $40 per month fee.  There has never been a  finding of guilt or guilty plea in these cases.  Further, the prosecutor is not accountable for the collection or expenditure of these fees.

The review also reveals that charging “usage fees” is an extremely profitable way to extract revenue.  Charging people with the costs of police investigations, prosecution, public defenders and the court’s use is common.  Also, some jurisdictions charge all arrestees a fee regardless of whether they are ever charged.  These fees are based solely on the officer’s say-so.  In Washington D.C. an arrestee can pay the officer on the spot to forego adjudication.

User fees are not regulated and there is no accountability.  The only entity which can arrest, charge and prosecute a crime is the government and the government has found a lucrative way to make a profit without transparency.  This mode of funding the criminal justice system erodes the confidence of the public and creates animosity toward law enforcement as evidenced in Ferguson.

The criminal justice system should be adequately funded and should be prohibited from profiteering.  We should not alow policing for profit.  It is a burden on the least of our citizens and it undermines our system of justice.

Police, prosecutors and judges are allowed wide discretion in the performance of their duties.  Coupling that discretion with the authority to extract money crosses the line into the legislative realm.  You kids remember from civics class that the legislative function is to fund government operations.  Allowing the executive branch to fund itself leaves no accountability to the legislature and to the people.

If Whetsel was funded properly by the county commission and was dependent upon them for operations there would be accountability and transparency.  Allowing the sheriff independent profit making authority is an improper delegation of a legislative function to an executive branch officer.  It is also an invitation to disaser and a bastardization of the justice system.