Justice Court Indigent Fee Reduction / Community Service Conversion
Utah Code §78A-7-120 and §76-3-301.5 permit Justice Courts to reduce fines, accept community service in lieu of payment, or set up zero-interest payment plans for indigent defendants. SLC, Provo, Ogden, and West Valley have published indigency thresholds (typically 125-150% of federal poverty level). Submission of a financial affidavit converts most parking fines to community service at $10-15 per hour or, in many cases, full waiver of late fees and collection costs.
Legal basis
Utah Code §78A-7-120; §76-3-301.5; Bearden v. Georgia, 461 U.S. 660 (1983)
Sample appeal wording
[CITY] Justice Court – Indigency Calendar MOTION FOR FINE REDUCTION / COMMUNITY SERVICE CONVERSION Under Utah Code §76-3-301.5 and §78A-7-120, I move to convert the fine in citation #[CITATION] to community service or to reduce the fine on grounds of indigency. My financial affidavit is attached. My household income is $[AMOUNT] which is [%] of the federal poverty level. Under Bearden v. Georgia, 461 U.S. 660 (1983), incarceration or escalating financial penalty for inability to pay violates due process. I respectfully request: [ ] Conversion of fine to community service at the rate of $[RATE]/hour [ ] Waiver of late fees and collection costs [ ] Zero-interest payment plan of $[AMOUNT]/month [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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