Debtor’s Prison

Ohio Constitution

§ 1.15 No imprisonment for debt (1851) 

No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud.

In 1851, the founding fathers of our state included in our Bill of Rights the freedom from being jailed because we couldn’t afford to pay money owed.  In 2005, that freedom has been revoked.  By adding one additional step to the process, our legislators and judiciary have reestablished ‘debtor’s prison’.  That step is cunningly disguised as ‘Contempt of Court’.  It works like this;

You are brought into court and a judgment is granted against you.  In the past, the remedy for defaulting (failing to comply with the court order) was attachment of income or assets.  No other remedy was available because defaulting on a money judgment was not punishable by imprisonment. That would be ‘debtor’s prison’, which would be a violation of our civil rights under both the Ohio and the United States Constitutions.  In order to skirt this constitutional protection, our “leaders” decided to call this failure to comply ‘contempt’.

Now, contempt is a strong word.  Dictionary.com defines it as;

1.      The feeling or attitude of regarding someone or something as inferior, base, or worthless; scorn.

2.      The state of being despised or dishonored; disgrace.

3.      Open disrespect or willful disobedience of the authority of a court of law or legislative body.

Do you have contempt for the courts? Does your neighbor?  Probably not.  The common man respects the courts and will do his best to stand innocent before them.  The majority of us have, probably and thankfully, never seen the inside of a jail cell.  But contempt is very loosely defined in our system of justice and has been applied wherever convenient.  

There are an estimated two hundred and fifty thousand incarcerated across this nation for non payment of child support.  Six percent of them fit the category of ‘willful refusal’ and ‘deadbeat dads’.  They are all victims of a horror that we, as citizens, were to have abolished in 1851.  Two hundred and fifty thousand American citizens who have the civil right to be free have been imprisoned by the courts under mandate of illegal statutes.

The mere existence of an order for support has been found by the court to be proof of ability to pay.  Under that ruling, no defense is permitted. No extenuating circumstances heard.  The fact that disability and inability exists does not matter.  Those under judgment are at the mercy of the Child Support Enforcement Agency to manage their case to reflect their actual ability to comply and the CSEA is in the business of increasing cash flow, not reducing it.  The job performance of this agency is measured, not by how well they serve the community, but by the amount of money that flows into the State and Federal coffers.

The citizens of this state and nation need to open their eyes to what is happening right under their noses.  Jails are for those who harm or threaten society.  Not for those who owe money.  If there is proven ability to pay, the laws of garnishment and attachment of property are sufficient to secure payment.  If there is no proven ability to pay, then there is a constitutional right to presumption of innocence.

Debtor’s Prison has been resurrected from the ashes of past atrocities. It is alive and well and it’s right on your front doorstep.

RS, Ohio