By mid-2023, only 27 percent of LFOs imposed were collected from defendants, leaving $297 million in outstanding debt.
Funded by a 2023 budget bill the Washington State Center for Court Research was tasked to study the state’s system of legal financial obligations (LFOs), this report analyzes the imposition, collection, reduction, and distribution of legal financial obligations (LFOs) in Washington State’s trial courts (the Courts of Limited Jurisdiction (CLJs), adult Superior Courts, and Juvenile Courts) between 2018 and 2021. The study draws on over half a million cases and provides an in-depth examination of how fines, fees, and restitution are utilized across various court types, jurisdictions, and defendant demographics. The report finds substantial variation in how different courts impose LFOs: some CLJs were up to seven times more likely to impose LFOs than others, and rural courts tended to impose them more frequently than urban courts. Restitution accounted for a substantial share of LFOs in Superior and Juvenile Courts, often exceeding 40 percent of total amounts imposed. The study also uncovers wide variation in who receives restitution, with the majority of ordered payments directed not to individual victims but to insurance companies, government agencies, and businesses. Defendants’ payment and debt outcomes varied significantly by court type and demographics. Black and Native defendants, as well as those from highly disadvantaged neighborhoods, were more likely to carry outstanding debt. Women and youth faced specific challenges due to their economic marginalization. Overall, the report highlights systemic disparities in LFO practices.
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Key Findings:
- From 2018 to 2021, Washington courts imposed over $530 million in LFOs across three court levels.
- Defendants in 77 percent of Superior Court cases and 57 percent of juvenile cases still carried debt in 2023.
- Latino defendants in Courts of Limited Jurisdiction received the highest LFO amounts and had the highest average outstanding debt.
- Women, Black, and Native defendants were more likely to leave court with unpaid debt.
- Rural and high-poverty jurisdictions imposed LFOs more frequently than urban areas, revealing geographic inequities in monetary sanctions practices.
- Judicial reforms have reduced the number of cases with imposed LFOs, but the average LFO amounts per case have remained stable.
- Despite broad judicial discretion to reduce or eliminate LFOs, only 1 percent of Superior and Juvenile Court cases had their debt fully waived.
Recommendations:
- Examine how indigency standards are applied across courts, particularly in light of HB 1783’s intent to reduce mandatory LFOs and provide greater judicial discretion for low-income defendants.
- Continue to monitor LFO patterns over time and pursue deeper analysis of neighborhood-level debt burdens.
- Expand research to better understand restitution outcomes, including who receives payments and how these outcomes relate to justice goals.