“And not only are they putting them in jail because they can’t pay it, they’re taking active steps to make it more difficult for the indigent to get out of this cycle,” Smolen said, referring to the defendants.

Courts are failing to conduct required hearings to determine whether a person is indigent and can’t afford to pay his or her fines and court costs, Smolen said.

Those referred to Aberdeen face a 30 percent markup in what they owe and automatic driver’s license suspensions, Smolen said.

“So if they can’t get to work … then they can’t earn the money and they lose their job and they are back in custody,” he said.

Smolen said the arrangement between the Sheriffs’ Association and Aberdeen Enterprizes began after 2009. In one year, 2015, the Sheriffs’ Association made over $829,075 from its contract with Aberdeen, according to the lawsuit.

The lawsuit was filed on behalf of Ira Lee Wilkins, who is described as an indigent Tulsa man who was represented by the public defender’s office when he pleaded guilty to an unnamed charge in 2015.

A bench warrant was issued about a year later for Wilkins’ arrest after he failed to pay court costs. He is now in a state prison, according to the complaint.