Module 5. Judicial Discretion

In this final module, we will hear from a judge regarding the importance of judicial discretion when assessing legal financial obligations (LFOs).

The ability of judges to waive fines and fees will vary depending on state law. Ideally, state laws should avoid mandatory LFOs for low-level offenses and infractions and provide for judicial discretion in the imposition of LFOs.

Judges should have the authority and discretion to:

  1. Waive or decline to assess fees or surcharges;
  2. Impose legal financial obligations based on an individual’s income and ability to pay
  3. Modify sanctions after sentencing if an individual’s circumstances change and his or her ability to comply with a legal financial obligation becomes a hardship; and
  4. Impose modified sanctions or alternative sanctions.6

Remember the work you did in Module 3 to identify waivable fines and fees in your jurisdiction. If fines and fees are mandatory, you may still have discretion with regard to payment plans or alternative sanctions.

Start Exercises

[6] See, Principles on Fines, Fees, and Pretrial Practices. National Task Force on Fines, Fees and Pretrial Practices 2.0  (April 2024). https://perma.cc/MT8K-7DFK.