One of the stranger local practices in Kaufman County is the requirement of paying court costs up front in misdemeanor cases. That is, you are supposed to pay court costs on the day you plead guilty. This local preference is often a requirement to enter a plea, with some exceptions and variation among our County Courts. It’s the only county I practice in that has this policy and it’s one I’ve never understood.
I have not taken court appointments for a while, so it’s less of an issue for my clients who can usually get a few hundred bucks together on the date of the ple for costs. However, for indigent defendants paying $261-$460 at the time of plea can be impossible. Worse, indigent defendants have even gone to jail to “sit out” court costs if they did not bring them to court.
Recently Etta Mullins, widely regarded as the worst criminal judge in Dallas County when she was on the bench, was reprimanded by a special court of review for the same practice, inter alia. The opinion talks about (see Charge VI) the role of the judge in accepting plea bargains and/or requiring costs or fines up front. Basically, it’s bad and you shouldn’t do it.