Below are the attorney general opinions that meet your search criteria.

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State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Arizona State v. Robinson, 142 Ariz. 296, 297–98, 689 P.2d 555, 556–57 (Ct. App. 1984); 1987 Ariz. Op. Att'y Gen. 233 (1987) Arizona-Attorney General opinion
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if
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the proceedings may only result in additional fines or non-incarceration penalties?
Arizona courts have only recognized that there must be an ability to pay proceeding where a party may be incarcerated. Such a determination should consider whether the probationer made good
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faith efforts to pay.
"In view of the United States Supreme Court's holding in Bearden v. Georgia, supra, we conclude that the trial court's order, revoking appellant's probation solely on the grounds that he
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failed to complete payments on the fine and restitution, without regard to his ability to pay, amounts to a deprivation of appellant's conditional freedom in violation of the fundamental fairness required by the Fourteenth Amendment.” “In considering a recommendation regarding a probationer who has not fully paid restitution and fines, it would be appropriate for a probation officer to consider, as guidelines, certain statutory requirements the courts must follow. A.R.S. § 13-901(E) authorizes a court to terminate a period of probation and discharge the probationer earlier than the term originally imposed only if it is in the interests of justice and “if the conduct of the defendant on probation warrants it.” A.R.S. § 13-810 establishes contempt sanctions for intentional refusal to make good faith efforts to pay restitution and also provides for modification of restitution orders if a defendant has been unable to pay restitution despite good faith efforts to do so. It would, therefore, also be appropriate for a probation officer to consider the extent of a probationer's ability to pay and whether the probationer made good faith payment efforts or intentionally refused to make efforts to pay in determining whether the defendant's conduct on probation warrants early termination and discharge from probation. The central purpose for all of these statutes is the protection of victims and a probation officer should always exercise his discretion with that purpose clearly in mind.”
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Arizona 1989 Ariz. Op. Att'y Gen. 134 (1989) Arizona-Attorney General opinion Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution?
The Arizona Constitution allows the Arizona Supreme Court to allow local courts to make indigency standards, but it is unlikely that local municipal bodies can set such standards without legislative
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delegation.
"The Arizona Supreme Court's rulemaking power is derived from Ariz. Const. art. VI, § 5 which gives the supreme court the “[p]ower to make rules relative to all procedural matters
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in any court.” See also Barsema v. Susong, 156 Ariz. 309, 314, 751 P.2d 969, 974 (1988). The supreme court is authorized to delegate indigency determinations to the presiding judge of the superior court in each county by Ariz. Const. art. VI, § 11 which provides that the presiding judge of each county “shall exercise administrative supervision over the superior court and judges thereof in their counties, and shall have other duties as may be provided by law or by rules of the Supreme Court.”“The Arizona Supreme Court has authorized the presiding judge of each county to establish a procedure for the appointment of counsel by the Superior Court for each indigent person entitled to the appointment of counsel. Ariz. Const. art. VI, § 11 (emphasis added). We have not found any constitutional or statutory authority under which the presiding judge may delegate to a county the duty of making indigency determinations and assessments respecting the appointment of counsel in Superior Court criminal proceedings. Moreover, a county has only such powers as have been expressly or impliedly conferred by the legislature. Davis v. Hidden, 124 Ariz. 546, 548, 606 P.2d 36, 38 (App.1979); Maricopa County v. Black, 19 Ariz.App. 239, 241, 506 P.2d 279, 281 (1973). The powers of a county are exercised by and through its board of supervisors. A.R.S. § 11–201; see also Davis v. Hidden, 124 Ariz. at 548, 606 P.2d at 38; Ricca v. Bojorquez, 13 Ariz.App. 10, 13, 473 P.2d 812, 815 (1970). The powers and duties of the counties' boards of supervisors are set forth in A.R.S. § 11–251 and do not include indigency screening or determinations for the superior courts. Thus, Pima County has not been conferred such power by the Legislature.”
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Arizona See, e.g., State v. Townsend, No. 1 CA-CR 11-0420, 2012 WL 3306960, at *3 (Ariz. Ct. App. Aug. 14, 2012) (choosing not to answer who has the burden of proof) Arizona-Attorney General opinion Who has the burden of proof in an ability to pay determination? What is the standard of proof required? Arizona Courts have not yet answered this question.
"The State contends that Townsend bore the burden of proving that she was unable to pay restitution. Even assuming that the State is correct, we conclude Townsend met that burden
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of proof here."
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Arizona State v. Lopez, 175 Ariz. 79, 81, 853 P.2d 1126, 1128 (Ct. App. 1993) Arizona-Attorney General opinion Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? Case law has established that ability to pay need not be considered when imposing fines or fees.
"Therefore, although we will consider ability to pay as one factor toward a claim that a fine is disproportionate, the trial court does not have to explicitly consider the defendant's
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ability to pay when imposing a fine or its payment schedule"
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Louisiana Op. Att'y Gen. No. 97-237 (June 18, 1997) Uniform eligibility criteria for indigency standards Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Unclear, but different municipalities are required by statute to have the same standards
(d) uniform eligibility criteria for determining  indigency and the eligibility of defendants to qualify for indigent defender representation at the district and state level;(citing language from statute creating the Louisiana
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Defense Board)
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Tennessee Cf. Tenn. Op. Att'y Gen. No. 89-03 (Jan. 12, 1989) Imprisonment for Contempt of Non-Payment of Fines Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Municipalities can set their own standards as long as the standards comply with constitutional and statutory protections
"The municipal charter provides that the city court may imprison a party for up to ten days for violation of city ordinances, and the city council has passed a resolution
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to this effect.It appears that the municipal provision outlined above complies with the procedures described in T.C.A. § 40–24–104, as well as constitutional safeguards, for determination of the defendant's ability to pay, thereby giving rise to an inference of willful disobedience and contempt of court where there has been a subsequent missed payment without notice of good cause to the court."
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Tennessee Tenn. Op. Att'y Gen. No. 89-104 (Aug. 17, 1989) (citing State ex rel. Wright v. Upchurch, 254 S.W.2d 748, 749 (Tenn. 1953)) Whether a Defendant Found in Willful Contempt of Court for Failure to Pay Child Support May Be Incarcerated Where He Lacks the Present Ability to Pay the Arrearage. Who has the burden of proof in an ability to pay determination? What is the standard of proof required? At least in civil contempt proceedings, the burden of proof is on the defendant.
"In any case, the inability to pay is an affirmative defense to a petition for civil contempt and the burden of proof is on the defendant to establish his inability
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to pay."
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Tennessee Tenn. Code Ann. § 40-24-104; Tenn. Op. Att'y Gen. No. 89-03 (Jan. 12, 1989) Imprisonment for Contempt for Non–Payment of Fines Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? Statutory law provides that ability to pay must be considered when collecting fines, but at least some courts consider ability to pay when imposing fines and fees as well.
“If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into
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and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.” “In the instant situation, the following circumstances form the factual basis resulting in the issuance of a capias for contempt of court: When a fine is imposed, a hearing is held at the same time to determine the defendant's ability to pay. If it appears that defendant cannot pay, the case is continued for several months to see if circumstances change during that time. If the court determines that defendant is able to pay or to make payments, a payment schedule is set up. Defendant is instructed at that time to notify the court if any emergency comes up and, if so, the court will consider defendant's excuse. If defendant thereafter misses a payment and has not notified the court, then a capias is issued for his arrest for contempt of court, since there has already been a finding that that defendant is able to pay.”
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