If a defendant is arrested for default in payment of a fine, who must conduct the indigency hearing?

• A. The judge who has jurisdiction over the case
• B. The presiding judge
• C. The sheriff
• D. The district attorney

Answer: (A)

Indigency determinations are a judicial step handled by the court to protect due process when someone cannot pay a fine. The judge who has jurisdiction over the case reviews the defendant’s financial situation, decides whether they are indigent, and determines appropriate relief—such as reducing the fine, setting a payment plan, or substituting alternatives—so that penalties aren’t imposed without considering the person’s ability to pay. The sheriff handles enforcement, and the district attorney prosecutes the case; neither administers the indigency assessment. The role of the presiding judge is related, but the key point is that the judge with authority over the case must conduct the hearing.