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4 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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West Virginia |
(1) State v. Stamm, 222 W. Va. 276, 278, 664 S.E.2d 161, 163 (2008)
(2) State ex rel. Zirkle v. Fox, 203 W. Va. 668, 669, 510 S.E.2d 502, 503 (1998)
(3) + See moreW. Va. Code Ann. § 61-11A-5
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Case Law / W.V. Code | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? |
(1) In criminal failure to meet obligation to minor (W. Va. Code § 61-5-29), the State has the burden of proof and the standard is beyond a reasonable doubt. (2)However, + See morein civil contempt cases, if contemnor alleges financial inability to pay, he bears the burden of proving such inability to comply with a court mandate in order to avoid imprisonment. (3)Finally, in restitution determinations, the burden is on the defendant and the standard is a preponderance of the evidence.
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Where a contemnor alleges financial inability to pay in a civil contempt proceeding, he bears the burden of proving such inability to comply with a court mandate in order to + See moreavoid imprisonment.
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Ability to pay |
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West Virginia | (1)State v. Murrell, 201 W.Va. 648, 499 S.E.2d 870 (1997)(2) W. Va. Code §50-3-2. | Case Law | Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? |
No. Ability to pay does not have to be considered when imposing fines or fees; certain fines and fees are required by law to be imposed (see, e.g., W. Va. + See moreCode §50-3-2.)
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“An individual is not excused from the imposition of the maximum sentence allowed under a statute simply because he is indigent, even if that sentence includes the imposition of fines + See morepursuant to statute.”
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Ability to pay |
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Utah | Ms. Faye Price, Informal Opinion No. 79-51, 1979 WL 32606, at *1 (Feb. 15, 1979) | Informal Opinion No. 79-51, | Does allowing different municipalities to set their own indigence standards or fines/fees violate the equal protection afforded by the states constitution? |
Possibly. Ability to pay should be consistently applied in reference to statute that requires parents and guardians to pay for the cost and maintenance of State Training School residents. Therefore, + See moreit is possible that determining ability to pay when assessing criminal justice debt presents same constitutional issues.
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there could be constitutional difficulties arise from the manner in which it is applied if great care is not taken to insure that the determination of financial responsibility is made + See moreon a strictly consistent and rational basis.
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Ability to pay |
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Utah | Ronald W. Thompson, Informal Opinion No. 77-150, 1978 WL 25972, at *1 (Feb. 7, 1978) | Informal Opinion No. 77-150 | see above | see above |
There is no requirement in the statute that there be a judicial determination of indigence, and it does not appear that a county could properly limit its payments to persons + See morewho have been judicially determined indigent.
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Ability to pay |