ACLU of Kansas Sues State Officials, Judges Over Probation Practices

Kansas City, Kan. — The American Civil Liberties Union of Kansas has filed a federal lawsuit accusing state and local officials of punishing poor defendants who cannot afford restitution payments by keeping them on probation indefinitely.

Lawsuit Targets Judges and Attorney General

The lawsuit, filed Thursday in a U.S. District Court in Kansas City, Kansas, names Attorney General Kris Kobach, six Johnson County District Court judges—including Chief Judge James Charles Droege—the Kansas Office of Judicial Administration, and the private collection agency Butler & Associates, P.A., as defendants.

According to the filing, the ACLU contends that these officials have enforced or benefited from a probation system that imposes “unlimited, harsher punishment on poor defendants who cannot pay their restitution,” while allowing wealthier individuals to finish probation sooner.

“The protection from arbitrary and unequal treatment under the law is a fundamental right under the Constitution, and that includes unequal treatment based upon how much money you have,” said Monica Bennett, legal director of the ACLU of Kansas, in a press release.

Plaintiffs Say Probation Extended for Years

The lawsuit was filed on behalf of four plaintiffs: Jeffrey Englund of Kansas, and Missouri residents Alicia McKnight, Debra Nicole Rice, and Alanna Carter. Each was convicted of a nonviolent offense between 2016 and 2018 and sentenced to probation terms that were later extended for years, sometimes decades, the complaint states.

The ACLU argues that Kansas Statute 21-6608(c)(7) allows judges to continue probation for as long as the person has not paid the ordered restitution. The group claims this violates both the U.S. and Kansas constitutions by punishing individuals for their inability to pay.

“(The statute) provides a higher statutory ceiling to punish poor defendants than it does for defendants who committed identical offenses but have the ability to pay,” the lawsuit reads. “In fact, for poor defendants, there is no ceiling.”

ACLU Says Law Violates Equal Protection and Voting Rights

The ACLU says the statute effectively denies due process and equal protection rights, as people who cannot pay restitution are kept on probation longer and remain under state supervision. That means they are barred from voting and are subject to warrantless searches of their person and property.

“By barring otherwise eligible Kansans from voting, indefinite probation punishes the poor and thereby functions as an extension of the legacy of the poll tax,” said Micah Kubic, executive director of the ACLU of Kansas.

The organization argues that the policy “condemns people to lose their seats and their voices simply because of the money in their pockets.”

Collection Fees Add to Defendants’ Burden

In some cases, the lawsuit alleges, restitution payments were managed by Butler & Associates, which added administrative fees and interest to the balances owed. This made it harder for probationers to complete payments and end supervision.

“The discretionary imposition of third-party collection — layering additional costs that accrue over time — further obscures the path to discharge,” the complaint states.

Jury Trial Requested

The ACLU is seeking a jury trial and a declaration that the current probation practices are unconstitutional. The lawsuit asks the court to order changes to how restitution and probation are handled in Kansas and to award compensatory damages and attorney’s fees to the plaintiffs.

If successful, the case could force Kansas to revise laws that allow open-ended probation terms tied to restitution payments — a change that could affect thousands of people across the state.