Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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South Carolina | In re Anonymous Former Prob. Judge, 358 S.C. 1, 3 (2004) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | Any such fees must be deposited into the general fund and cannot be used to directly compensate judges |
The Committee noted that this Court, in In the Matter of Johnson, 302 S.C. 532, 397 S.E.2d 522 (1990), had held that (1) fees collected for services rendered by a + See moreprobate judge in his capacity as probate judge are governed by Article 7 whether specifically enumerated therein or not, and (2) failure to deposit fees in the county fund was a violation of Canons 1 and 2A of the Code of Judicial Conduct, which require a judge to observe high standards of conduct and respect and comply with the law.
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South Carolina | Singletary v. Wilson, 191 S.C. 153, 3 S.E.2d 802, 804 (1939) | Other applicable caselaw | The admonition of constitutional provision, forbidding infliction of cruel and unusual punishment and imposition of excessive fines, is addressed to judiciary, as well as Legislature. |
It necessarily follows that the discretion of the trial Court in its determination of the amount of the penalty, where the maximum amount of the fine is not fixed by + See morethe statute, must be subject to be reviewed on appeal to this Court, if clearly abused, under Article I, Section 19 of the Constitution, which not only forbids the infliction of cruel and unusual punishment, but forbids the imposition of excessive fines.
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Utah | Neilson v. Dennett, 450 P.2d 93, 95 (Utah 1969) |
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, + See morethe 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).
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ability to pay should be determined at the time order is imposed to pay money. |
However, in this case it was incumbent upon the trial court to find that the appellant at the time the order was made had the ability to pay over the + See moremoney and thereafter refused to do so before the judge could hold the appellant in contempt for failure to pay
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Ability to pay |
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Utah | State v. Vincent, 883 P.2d 278, 283 (Utah 1994) | Other applicable case law |
A defendant has the initial burden of establishing indigence. The defendant must establish that payment would place an undue hardship on the defendant's ability to provide for the basic necessities + See moreof life
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[T]he defendants bear the initial burden of establishing their indigence. Generally speaking, a person is indigent for purposes of sections 77321 and 2 if payments for counsel or transcripts would + See moreplace an undue hardship on the defendant's ability to provide the basic necessities of life for the defendant and the defendant's family.
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Ability to pay |
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Utah | State v. Haston, 811 P.2d 929, 936 (Utah Ct. App. 1991), rev'd, 846 P.2d 1276 (Utah 1993) | Other applicable case law |
Imposition of fine and the amount of the fine is left to the discretion of the court. A judge need not give an explanation for the fine he or she + See moreimposes.
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Imposition of a fine, and the accompanying mandatory surcharge, is a matter left to the discretion of the trial court. Utah Code Ann. §§ 6363a1 (1989), 763301.5(5) (1990). No particular + See moreexplanation needs to be made by the trial court.
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Fines and fees |