United Public Employees (UPE) met with the Sacramento Superior Court on October 22, 2025, to discuss an upcoming policy change regarding the process for reviewing ability-to-pay (ATP) requests in traffic cases.
The Court is implementing a procedure in which courtroom clerks will review certain ATP applications only when they are not assigned to courtroom duties. These determinations will not be made while clerks are in the courtroom, but instead on days when they are working in the back office.
Clerk review is limited to adjudicated traffic cases where the defendant is confirmed to be receiving public benefits, as defined in Government Code section 68632(a). If the defendant qualifies under one of the listed benefit programs and the application meets the Court’s criteria, the clerk may process and approve the request. Clerks will also facilitate the amount by which a fine is reduced, and the Court will provide information and guidance on the appropriate levels of reduction. If, for any reason, a clerk is unsure about making a determination, the case can be referred to a judicial officer for review. However, if the application involves an assessment of household income or any financial factor not directly related to public benefit status, it must be referred to a judicial officer. Clerks are not authorized to make determinations based on income or other financial evaluations outside of public benefit verification.
This change is authorized under Government Code section 68645.3, which permits courts to designate clerks to handle specific types of ATP determinations based on court-established criteria to be posted publicly.
UPE will be closely monitoring the implementation of this policy to ensure that all courtroom clerks are treated fairly and that workplace rights are respected and upheld throughout this transition. Please contact UPE for any questions or concerns.
UPE WOULD LIKE TO THANK UPE COT GOVERNING BOARD MEMBERS SHAWN BOXER AND PAUL MCGEE FOR THEIR ADVOCACY AND PARTICIPATION
