Andrew J. Yawn

Montgomery Advertiser

On Sept. 17, Perry County Circuit Judge Marvin Wiggins gave two options to those unable to afford their court fees: give blood or go to jail.

Yesterday, the Southern Poverty Law Center filed an ethics complaint with the Judicial Inquiry Commission against the circuit judge for what SPLC Deputy Legal Director Sam Brooke called a “violation of bodily integrity.”

“It’s shocking to say that to avoid jail, you have to give blood,” Brooke said Tuesday. “It’s fundamentally at odds with how the system is supposed to work.”

Judge Wiggins could not be reached and the court clerk declined comment, but SPLC obtained an audio recording of Wiggins making the ultimatum.

“There’s a blood drive outside if you do not have any money, and you don’t want to go to jail,” Wiggins is heard saying at the Marion, Ala., courthouse. “As an option to pay, you can give blood today. If you don’t have any money, go out there and give blood, and bring in a receipt indicating that you did give blood. Consider that as a discount rather than putting you in jail, if you do not have any money.”

Wiggins then said the sheriff has “enough handcuffs” for those who don’t pay or donate blood.

“So if you do not have any money, and you don’t want to go to jail, consider giving blood today and bring your receipt back, or the sheriff has enough handcuffs for those who do not have money,” Wiggins said.

The blood donation outside the courthouse was operated by LifeSouth.

In the recording, a LifeSouth employee can be heard speaking to the person recording it about the exchange.

“There you go, you’re all set. Thank you for donating. You know what? You’re still doing a good thing,” the unidentified female employee said.

“Well and I normally do, but I don’t like being told I have to or I’m going to jail,” responded the “donor.”

“I thought everybody was joking when he said that,” the LifeSouth employee responded.

LifeSouth Vice President of Quality Jill Evans addressed the situation Tuesday. Evans said it is not unusual for blood drives to be held in front of courts, but nothing should ever be offered in exchange for blood.

Evans was notified of the situation and immediately quarantined the blood obtained, contacted the staff involved and tried to contact all donors.

“Anytime you talk about a monetary contribution to a donor, a line is being crossed,” Evans said.

Promising blood in exchange for a discount on court fees is one thing, but Brooke said none of the court records show anybody receiving a discount after donating.

“The judge is quoted as saying they could get a discount, but nobody got a discount,” Brooke said.

The cases being handled by Wiggins that day were Restitution Recovery Initiative for Victims in Alabama (RRIVA) cases.

The state program was implemented in 2014 as a way for circuit courts and district attorney’s offices to increase funding by pursuing money owed.

RRIVA cases involve sending notices to those with past or overdue court fees. Wiggins’ docket showed about 500 people invited to the hearing, but it is unknown how many actually attended.

According to Evans, 54 people registered to give blood at that location that day.

Of the 54 registrations, 47 people gave blood, and 41 of those units – about 5.5 gallons – were discarded because it couldn’t be determined if that blood was volunteered.

The six units kept were from people who were previous donors or who worked in or near the courthouse.

In speaking with donors, Evans said some felt pressured by the judge, while others felt it was a positive thing.

Brooke, on the other hand, does not see it as a positive thing.

Brooke said only those who showing “willful intent” to avoid paying fines can be incarcerated and that intent must be proved individually in court.

Not providing “individualized determination” means the court doesn’t know if somebody can afford to pay the fees much less the cost of having a public defender. If there is no willful intent, they can not be threatened with jail time, Brooke said.

“Thousands of dollars of court debt stem from charging for public defenders,” Brooke said after looking at the case files. “Alabama law permits a court charge for a public defender if shown that a person can afford it. There was never a determination made that people could afford this ... None of the people should be owing that much money in the first place.”

I addition, SPLC said many of the people asked to appear at the courthouse were already making payments on their dues.

By filing the complaint with the JIC, Brooke hopes other judges realize that exchanges like this are “completely unacceptable.”

“Most judges don’t do this, but far too many are ignoring these rules and punishing people for their poorness,” Brooke said.

Evans agreed that both the LifeSouth staff and the judge violated ethical policy, but she thinks they had good intentions.

“I think her instinct was to help the community’s blood needs,” Evans said of the employee in charge. “She acted outside company policy, but I think she and the judge had the right intentions but didn’t understand the impact.”

LifeSouth serves about 100 hospitals. Although over five gallons of blood were thrown away, Evans said the company is more worried about people understanding that blood can only be given voluntarily.

“Blood donations that are provided to hospital patients must be given voluntarily to help protect the safety of the blood supply,” Evans said. “To be considered voluntary, donors must donate blood for the right, altruistic reasons. Blood donors shouldn’t donate based on pressure, coercion or because of an incentive.”

The court did confirm one thing to Brooke. Nobody went to jail on Sept. 17.