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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.”
Ability to pay
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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.”
Ability to pay
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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."
Ability to pay
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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"
Ability to pay
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Arizona Ariz. Op. Att'y Gen. No. I95-18 (Dec. 18, 1995) Arizona-Attorney General opinion What authority do county or municipal courts have to set fines or fees? Municipal Courts only have authority to collect the fines and fees which state statutes provide for.
"Only city councils of charter cities which are established under Ariz. Const. art. XIII, § 24 may establish fees and surcharges to be collected by city courts, if their charters
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or ordinances authorize them to do so.5 City courts are also subject to the administrative supervision of the Supreme Court. Ariz. Const. art. VI, § 3; Winter v. Coor, 144 Ariz. 56, 59, 695 P.2d 1094, 1097 (1985).Ordinary municipal corporations such as cities and towns may not, however, establish court fees and surcharges to be collected by municipal courts within their jurisdiction. Unlike charter cities, their authority derives solely from state statutes. Maricopa County v. Maricopa County Mun. Water Conservation Dist., 171 Ariz. 325, 830 P.2d 846 (App. 1991). In establishing various municipal court fees under A.R.S. § 22-404(B), the Legislature prohibited any others “[e]xcept as otherwise provided by law.” We have reviewed the statutes in Title 9 relating to the authority of non-charter cities and towns and found no statutes authorizing a city or town to set court fees and surcharges."
Fines and fees
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Arizona 1989 Ariz. Op. Att'y Gen. 134 (1989) Arizona-Attorney General opinion What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? The Arizona Constitution grants the Supreme Court the right to impose binding state-wide rules for procedural matters related to fines and fees.
"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.” "
Enforcement
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California 65 Cal. Op. Att'y Gen. 581 (1982) "May a penalty assessment be levied against a criminal defendant who does not have a present ability to pay such assessment?"
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?
Indigent defendants cannot be imprisoned solely because they cannot pay a penalty. However, when indigent defendants refuse or fail to meet the terms of an alternative option, they can be
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imprisoned, as the court sees them the same as a non-indigent defendant.
The effect of Antazo was to bar a trial judge from sending a defendant to jail or prison solely because he was unable to pay the monetary penalty. (In re
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Siegel (1975) 45 Cal.App.3d 843, 846.) However, as Antazo makes clear, such a penalty may nevertheless be imposed upon an indigent in certain circumstances (3 Cal.3d 100, 116):‘[O]ur holding is simply that an indigent who would pay his fine if he could, must be given an option comparable to an offender who is not indigent. When the indigent offender refuses to avail himself of such alternatives at the inception, or defaults or otherwise fails to meet the conditions of the particular alternative which is offered him without a showing of reasonable excuse, the indigent offender becomes in the eyes of the court exactly the same as the contumacious offender who is not indigent. When either of these conditions obtain the offender's indigency ceases to be dispositive and he may, consistently with the mandate of the equal protection clause, be relegated to ‘working out’ his fine by imprisonment.' 65 Cal. Op. Att'y Gen. 581 (1982).
Ability to pay
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California 66 Cal. Op. Att'y Gen. 440 (1983). Personal use of fines and fees prohibited Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? Judges cannot receive fines or fees for personal use.
Article VI, section 17, of the California Constitution, provides: “A judge of a court of record may not practice law and during the term for which the judge was selected
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is ineligible for public employment or public office other than judicial employment or judicial office. A judge of the superior or municipal court may, however, become eligible for election to other public office by taking a leave of absence without pay prior to filing a declaration of candidacy. Acceptance of the public office is a resignation from the office of judge. “A judicial officer may not receive fines or fees for personal use.” 66 Cal. Op. Att'y Gen. 440 (1983).
Revenue flow
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Minnesota Mr. Richard T. Jessen Minn. Op. Atty. Gen. 1025B 1981 WL 157319 Minnesota-Attorney General opinion Other applicable oppinions Municipalities and towns are entitled to at least half of the funds from fines and fees collected by the county clerk
The crucial feature in the context of this statute is that, unlike the large number of special and limited purpose government units, a municipality, or a city, is a general
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purpose government unit. For example, the municipality is authorized by a wide range of statutes to engage in a variety of functions, including providing police protection and protecting the public health, safety, welfare and Morals. See; Minn. Stat. chs. 410 to 472 (1980). Review of the various local government units reveals that a town is the unit most similar to a municipality. To some extent, towns also possess traditional police powers and authority to provide law enforcement services. Minn. Stat. §§ 365.15; 367.03, subd. 3 (1980). Indeed, numerous towns are given the powers and authority of a statutory city. Minn. Stat. § 368.011 (1980). We therefore conclude that while the county is entitled to one-half of all such fines or penalties, the municipality or town in which a statutory violation is committed is entitled to the other half of such funds.
Revenue flow
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Minnesota Mr. D. Scott Ballou Minn. Op. Atty. Gen. 1025-B 1980 WL 119583 Minnesota-Attorney General opinion In most circumstances, the allocation of funds collected by fines and fees is based on the geographic location of the offense that gave rise to the fine or fee,
The manner of disposition of fines and fees is based on the geographic location of the offense giving rise to the fee or fine and not on the law enforcement
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agency responsible for issuing the citation. The only exceptions provided by the statute occur when the Minnesota Highway Patrol issues the citation. See Minn. Stat. § 299D.03, subd. 5 (1978), or where the fines or fees were collected prior to August 1, 1975, see Minn. Stat. § 487.33, subd. 6 (1978). However, the fines and fees referred to in Minn. Stat. § 487.33, subd. 5 (1978) are limited to certain parking fines, which must be paid over in full each month to the municipality in which the parking violation occurred, and fines and penalties collected as a result of violations of a state statute, or ordinance, charter provision, rules or regulation of a city must be equally divided on a monthly basis. In addition, monies collected as a result of a violation of an ordinance promulgated by a town board of supervisors or board of county commissioners shall be retained by the county treasurer pursuant to the last sentence of Minn. Stat. § 487.33, subd. 5 (1978).
Revenue flow