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State Citation Question Brief answer Language from the opinion When does the case apply?
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Kentucky Maynes v. Com., 361 S.W.3d 922, 929 (Ky. 2012)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
The court may consider not only current ability to pay but future ability to pay as well
Having carefully considered the applicable statutes, we conclude that the trial court was authorized under Kentucky law to impose court costs despite Maynes's status as an indigent defendant entitled to
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the services of a public defender. While the directive in KRS 31.110(1) that the court “shall waive all costs” for such defendants seems mandatory at first blush, a full reading of the 1972 legislation and the current DPA Act belies that conclusion. From its inception through the present, the DPA Act has allowed for imposition of costs against those DPA-represented defendants who can afford to pay. Moreover, a person may qualify as “needy” under KRS 31.110 because he cannot afford the services of an attorney yet not be “poor” under KRS 23A.205 as it has existed since 2002 unless he is also unable to pay court costs without “depriving himself or his dependents of the necessities of life, including food, shelter or clothing.” Finally, the KRS 23A.205 directive to consider not only the defendant's present ability to pay court costs but also his ability “in the foreseeable future” cannot be overlooked. The trial court's determination here that Maynes would be able to earn enough within the six months following his sentencing to afford the costs required by KRS 23A.205 is not clearly erroneous and, thus, the Court of Appeals correctly upheld the portion of Maynes's sentence imposing those costs.
Ability to pay
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Kentucky McEntire v. Com., 344 S.W.3d 125, 128 (Ky. Ct. App. 2010) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Yes, the state court must first hold a nonadversarial hearing to determine an individual's ability to pay a public defender fee before imposing the fee On remand, the trial court shall hold a “nonadversarial hearing” to determine whether McEntire has the ability to pay the assessed costs and fees as required by KRS 31.211(1). Ability to pay