Module 2 Question 4

Judge Aaker sits in Courtroom A. Judge Zhang sits in Courtroom Z.

One day, both Judge Aaker and Judge Zhang hear nearly identical cases, with similar facts and defendants with similar criminal histories. Both defendants plead guilty to reckless driving, a petty misdemeanor that can be penalized with a fine of up to $500 and a license suspension. Both Judge Aaker and Judge Zhang impose the $500 fine and license suspension on the defendants. Both defendants are granted payment plans of $75 a month. Their license may be reinstated once the fine is paid.

Two months later -- because the defendants are often late to work or cannot get a ride -- they lose their jobs. As a result, both defendants risk falling behind on rent or defaulting on the court payment plan.

Defendant A saw a sign on the door of Judge Aaker’s courtroom about requesting an ability to pay hearing, and so instead of failing to pay, requests a hearing. Judge Aaker conducts an assessment and determines that the fine should be significantly reduced due to the change in circumstances, requiring that Defendant A continue their job search and lowering the monthly payment amount until Defendant A finds another job.

However, there was no sign on courtroom Z’s door, and Defendant Z did not see it. Defendant Z ends up missing multiple payments. However, had court user Z requested a hearing, Judge Zhang would have found that the fine should have been reduced and that alternative sanctions would be appropriate, assigning credit for a vocational program they participate in.