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Criminal,
California Supreme Court,
California Courts of Appeal

Oct. 7, 2025

California Supreme Court to settle 'ability to pay' fight over fines, fees

Nearly six years after granting review, the California Supreme Court will hear a case on Wednesday to decide whether judges must assess a defendant's ability to pay before imposing fines, fees, and assessments -- and who bears the burden of proof -- resolving a statewide split in the appellate courts.

California Supreme Court to settle 'ability to pay' fight over fines, fees
2nd District Justice Laurie D. Zelon

Nearly six years after granting review of the case, the state Supreme Court is ready to resolve a dispute over whether judges must consider a defendant's ability to pay before imposing fines, fees and assessments -- and whether they or prosecutors bear the burden of proof.

Justices will consider the arguments in the case, which has been pending since 2019, on Wednesday afternoon. People v. Kopp et al., S257844 (Cal. S. Ct., filed Sept. 5, 2019).

The appeal w...

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