Judge Sends Man to Prison Because He Can't Pay Hospital Bill

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Specializes in Psych.

This is criminal. And I mean the judge. What do you think?

Article Credit: Huffington Post

An Arkansas Judge Sent A Cancer Patient To ‘Debtors' Prison' Over A Few Bounced Checks

The court system in the town of Sherwood is destroying the lives of poor people, a new federal lawsuit alleges.

08/24/2016 05:52 pm ET

Ryan J. Reilly

An Arkansas Judge Sent A Cancer Patient To 'Debtors' Prison' Over A Few Bounced Checks

WASHINGTON ― Lee Robertson's trouble began in late 2009, when he was undergoing his first stint of chemotherapy to battle the pancreatic cancer that had made it impossible for him to work. In the course of two weeks, Robertson wrote 11 checks at stores near his home for small amounts ranging from $5 to $41.

Robertson started off owing a few stores about $200. Six years and seven arrests later, in a closed courtroom in Sherwood District Court in Arkansas, Judge Milas Butch” Hale sentenced the cancer patient to 90 days in jail. His crime? Owing the court $3,054.51.

That was last month. Robertson, 44, is now one of the plaintiffs in a class action federal civil rights lawsuit filed this week by the Arkansas Civil Liberties Union and the Lawyers' Committee for Civil Rights Under Law. The suit aims to take on what has been described as a modern-day debtors' prison” in the city of Sherwood. Similar practices exist in courts around the country, including in several cities in St. Louis County, which received attention for their debt collection practices following the unrest in Ferguson, Missouri, two years ago. Groups like Equal Justice Under Law, ArchCity Defenders, the Southern Poverty Law Center, the Lawyers' Committee for Civil Rights Under Law and the American Civil Liberties Union have been mounting challenges to unconstitutional court practices in many parts of the nation.

In Sherwood, the Hot Check Division” of the municipal court is drawing scrutiny. While the division is supposed to be part of the municipal court, the city has marketed the division to the business community in Pulaski County, according to the lawsuit. Sherwood lists the division as a department” on its website, and calls the court's work a service” for merchants ― one that issues over 35,000 warrants annually” on charges in connection with bad checks. The court collected nearly $12 million in five years.

The new lawsuit describes a lucrative” system in Sherwood that only barely resembles an actual court or independent judicial process. Bailiffs tell defendants that the court is closed, not allowing family and friends inside, and defendants are forced to sign a waiver of counsel” form to enter the courtroom, meaning they forfeit their right to an attorney.

The suit claims that the Sherwood Police Department acts as an extension” of the court's collections scheme,” arresting hundreds of people on failure to pay” or failure to appear” charges and helping the district court contribute nearly 12 percent of the city's budget. Each overdrawn check, no matter how small, can bring in $400 in fines and fees, plus restitution for the amount of the check.

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It is generally considered illegal to knowingly write checks where there is insufficient funds.

Being jailed for fraudulently writing checks is not the same as being jailed for not being able to pay.

BTW, curious to see if anyone will post criticism of the legal challenges posed to those who do not pay child support.

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Specializes in Psych.
It is generally considered illegal to knowingly write checks where there is insufficient funds.

Being jailed for fraudulently writing checks is not the same as being jailed for not being able to pay.

BTW, curious to see if anyone will post criticism of the legal challenges posed to those who do not pay child support.

Fair point. In our state, child support debtors lose their drivers license, which may be pointless, also. There arev rural areas here...how can some get to work if they can't legally drive? If they get arrested driving, they end up in jail, so ..

Knowingly writing a bad cheque is certainly illegal, but judges have discretion. Circumstances are pertinent. Although cheque kiting is not legal [i think] maybe he thought he could deposit cash before it bounced?

At any rate, isn't it important to note that this ' crime' produces 12% of the city's budget?

I don't know one person who was ever taught in school how to handle a check book, balance a budget, or basic economics. And throwing sick people in jail because they cannot afford to survive? To me, that's barbaric. It's not like they are trying to get lavish cosmetic treatments.

Most states provide kids healthcare/insurance if they have none until age 18. If you have the king of all maladies, cancer, and you need expensive tx, why aren't you afforded the same care just because you are over 18? Because you can legally work? With cancer? Sorry if my tone is strong...it's just so sad...

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He's essentially stealing from these businesses. Not only are they out the amount of the check, but banks often assess additional fees for the privilege of depositing a bad one.

Few people stop to consider that the business owners may have health issues of their own that they require funds for. There are millions of people in the world who live tragically at at least some point in their lives ...do they all get a free pass to victimize others?

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I didn't realize how much of a crap hole St. Louis, and the surrounding area is. If an area is that impoverished that they depend on getting revenue from citizens living in poverty, that is just screwed up.

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Specializes in ER.

One thing now, he'll get free medical care! It may be blessing in disguise.

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Specializes in Psych.
He's essentially stealing from these businesses. Not only are they out the amount of the check, but banks often assess additional fees for the privilege of depositing a bad one.

Few people stop to consider that the business owners may have health issues of their own that they require funds for. There are millions of people in the world who live tragically at at least some point in their lives ...do they all get a free pass to victimize others?

When Big Pharma and For Profit hospitals charge $47 for 50mg of Benadryl

for inpatients, and inpatients don't even have a say in the matter because nobody KNOWS the price until they ask for and itemized bill...or outpatients cannot make informed choices because you cannot ' shop around ' for the best price, or even a fair price for an MRI because nobody at the front desk even knows the flat rate for imaging - or the flat rate is price gouging so that between the insurance companies and the deductible patients are faced with a coercive monopoly...THAT kind of profiteering is well beyond a $3500 bill. I'm not talking about small business....for that, I certainly agree. I am talking about big healthcare, the kind that woos doctors and nurses with gifts and gadgets to pedal their drugs to patients. Those are billion dollar companies whose CEOs are running off with the steak and leaving the bone and gristle for the rest of us. As patient advocates, we should all be angry.

Small businesses, as you said, often struggle, and no, not everyone should get a free pass.

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When Big Pharma and For Profit hospitals charge $47 for 50mg of Benadryl

for inpatients, and inpatients don't even have a say in the matter because nobody KNOWS the price until they ask for and itemized bill...or outpatients cannot make informed choices because you cannot ' shop around ' for the best price, or even a fair price for an MRI because nobody at the front desk even knows the flat rate for imaging - or the flat rate is price gouging so that between the insurance companies and the deductible patients are faced with a coercive monopoly...THAT kind of profiteering is well beyond a $3500 bill. I'm not talking about small business....for that, I certainly agree. I am talking about big healthcare, the kind that woos doctors and nurses with gifts and gadgets to pedal their drugs to patients. Those are billion dollar companies whose CEOs are running off with the steak and leaving the bone and gristle for the rest of us. As patient advocates, we should all be angry.

Small businesses, as you said, often struggle, and no, not everyone should get a free pass.

He was writing checks to "stores near his home for small amounts". The state and expense of healthcare is an entirely separate issue. There are plenty of chronically ill people who don't write bad checks and plenty of healthy people who do.

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Specializes in OR, Nursing Professional Development.

I fail to see the connection between your title "because he can't pay hospital bill" and the article that describes a man who wrote bad checks to multiple businesses. Regardless of the health issues he faces, he still wrote bad checks to his local businesses which is grounds for penalty. I see the health issues and the bad checks as completely separate issues.

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Specializes in ICU.

I see you spelled check, cheque. Are you not from the US?

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Specializes in mental health / psychiatic nursing.

No where in the article does it talk about this man being unable to pay because of health care bills. Sounds like he wrote a bunch of bad checks and got caught. Not sure if he was trying to commit fraud or just stealing from local businesses, but either way he committed a crime and has now been assigned a penalty. Nor does a 90 day sentence seem completely unreasonable given this is portrayed as not being his first offense.

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Did I miss mention of his hospital bill?

He's writing bad checks despite not paying his medical bills. I would be interested in knowing the nature of those purchases.

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