'Give blood or go to jail' judge Marvin Wiggins censured
Five months ago, Perry County Circuit Judge Marvin Wiggins gave two options to those in his court who owed money: give blood or go to jail.
On Thursday, Judge Wiggins was censured by the Court of the Judiciary of Alabama for “violating the Canons of Judicial Ethics.” A censure is a public statement by the Court of the Judiciary of Alabama that a judge acted improperly.
The censure is a result of an ethics complaint filed by the Southern Poverty Law Center a month after the incident took place on Sept. 17, 2015. The Judicial Inquiry Commission also subsequently filed an ethics charge against Wiggins.
SPLC staff attorney Sara Zampierin issued a statement Thursday commending the censure.
“The Judicial Inquiry Commission is sending a clear message that the constitutional rights of the poor must be respected in Alabama courtrooms,” Zampierin said in a statement. “No one should be forced to give blood or go to jail simply because they cannot afford to pay their court fines and fees. And no one’s rights should be tied to their bank account.
“Today’s hearing is an encouraging sign for anyone who believes in equal justice under the law.”
The SPLC also obtained an audio recording of Wiggins issuing 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 drive was being operated by LifeSouth.
LifeSouth Vice President of Quality Jill Evans said holding blood drives in front of courthouses is not unusual. Asking for blood in exchange for anything else is.
Evans said 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.
Wiggins was suspended from acting as a judge from the time the complaint was filed until Thursday, Zampierin said. In being found to have violated five provisions of the Canon of Judicial Ethics, he will remain a judge, but his credibility has taken a hit.