Below are the cases that meet your search criteria.

17 Results

Export results to Excel

State Citation Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alaska
Jones v. State, No. A-2629, 1989 WL 1595378, at *1–2 (Alaska Ct. App. Feb. 1, 1989) (quoting Zimmerman v. State, 706 P.2d 343, 344 (Alaska App.1985); Karr v. State, 686
+ See more
P.2d 1192, 1197 (Alaska 1984)); Alaska Stat. Ann. § 12.55.051
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 more
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).
Alaska courts must conduct a "serious" inquiry, considering the defendant's assets, as well as the defendant's past and future earning capacity. Statutory law requires the defendant to prove by a
+ See more
preponderance of the evidence an inability to pay.
"Under AS 12.55.035, the trial court is under a mandatory duty to consider a defendant's earning capacity in connection with the imposition of any fine. The court's inquiry must be
+ See more
“serious” and should include an analysis of any assets that the defendant presently owns, as well as his past and future earning capacity. A determination of a defendant's future earning capacity necessarily requires the court to make:preliminary findings of fact regarding [the defendant's] mental and physical health, [his] education, [his] job skills if any, the kinds of jobs which [he] has held in the past and is capable of performing in the future and the availability of such jobs in the communities in which [the defendant] will likely reside. Once these findings are made, the court is in a position to determine [the defendant's] likely future earnings and the extent to which those earnings will cover [his] likely future expenses for food, clothing and shelter and leave [him] a surplus out of which to pay restitution. The court must fix the amount of the fine and the terms of payment to fall within the realistic limits of the defendant's earning capacity. Failure to make the appropriate inquiry and findings requires automatic reversal and remand." " If, at a hearing under this subsection, the defendant proves by a preponderance of the evidence that the defendant will be unable through good faith efforts to satisfy the order requiring payment of the fine or restitution, the court shall modify the order so that the defendant can pay the fine or restitution through good faith efforts. The court may reduce the fine ordered, change the payment schedule, or otherwise modify the order. The court may not reduce an order of restitution but may change the payment schedule."
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alaska Alaska Const. art. IV, § 15; Alaska Stat. Ann. § 22.05.020(c); Alaska Stat. Ann. § 28.05.151(a) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue?
The Alasaka Constitution allows the Supreme Court to promulgate rules governing practice and procedure. Furthermore, Alaska Statutory Law allows the Supreme Court to prescribe the fees which may be charged
+ See more
for legal services. Indeed, the Supreme Court can also determine which fines and fees may be collected without a court disposition
"The supreme court shall make and promulgate rules governing the administration of all courts. It shall make and promulgate rules governing practice and procedure in civil and criminal cases in
+ See more
all courts. These rules may be changed by the legislature by two-thirds vote of the members elected to each house." "The supreme court may prescribe by rule the fees to be charged by all courts for judicial services." "The supreme court shall determine by rule or order those motor vehicle and traffic offenses, except for offenses subject to a scheduled municipal fine, that are amenable to disposition without court appearance and shall establish a scheduled amount of bail, not to exceed fines prescribed by law, for each offense. A municipality shall determine by ordinance the municipal motor vehicle and traffic offenses that may be disposed of without court appearance and shall establish a fine schedule for each offense. "The supreme court shall determine by rule or order those motor vehicle and traffic offenses, except for offenses subject to a scheduled municipal fine, that are amenable to disposition without court appearance and shall establish a scheduled amount of bail, not to exceed fines prescribed by law, for each offense. A municipality shall determine by ordinance the municipal motor vehicle and traffic offenses that may be disposed of without court appearance and shall establish a fine schedule for each offense."
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alaska Alaska Stat. Ann. § 39.50.090
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other
+ See more
law enforcement agencies?
No such instance is apparent under the case law. But statutory law prohibits using an official position for obtaining personal financial gain. As such, it is likely impermissible for courts
+ See more
or law enforcement to impose or enforce fines or fees when there is a personal interest at stake (as opposed to an institutional interest).
"A public official may not use the official position or office for the primary purpose of obtaining personal financial gain or financial gain for a spouse, dependent child, mother, father,
+ See more
or business with which the official is associated or in which the official owns stock. A public official other than an elected or appointed municipal official may not use the official's position or office for the primary purpose of obtaining financial gain for the official's domestic partner."
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alaska Alaska R. Crim. P. 39; State v. Albert, 899 P.2d 103, 115, 123 (Alaska 1995) Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
The ability to recoup fees is virtually limitless. If the Defendant is convicted of a crime, then the defendant is civilly liable for the costs of counsel regardless of ability
+ See more
to pay.
"Rule 39(b) makes all criminal defendants who are provided court-appointed counsel liable upon conviction for the cost of representation. This liability attaches without regard to an individual defendant's financial ability
+ See more
to repay. The liability automatically attaches in the form of a civil judgment entered without a prior request or demand for payment. Upon a defendant's conviction, the trial court must issue in all cases, sua sponte, a notice of judgment. . . . Criminal Rule 39 does not violate the equal protection guarantee of the Alaska Constitution."
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alaska Cont'l Ins. Companies v. Bayless & Roberts, Inc., 548 P.2d 398, 410 (Alaska 1976) Other applicable caselaw The legislature cannot impede the contempt power
"Thus, statutory enactments which endeavor to limit the necessary contempt powers of the Alaska superior and supreme courts are not binding. Nevertheless, statutory enactments, which reasonably regulate the contempt power,
+ See more
as representing the opinion of a coequal branch of the government, should be given effect as a matter of comity unless they fetter the efficient operation of the courts or impair their ability to uphold their dignity and authority."
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Alaska
Dodge v. Municipality of Anchorage, 877 P.2d 270, 272 (Alaska Ct. App. 1994) (quoting State v. Wortham, 537 P.2d 1117, 1120 (Alaska 1975); Collins v. State, 778 P.2d 1171, 1175
+ See more
(Alaska App.1989))
Defendants generally should not be sentenced to pay the maximum fine unless the court determines that the defendant is the "worst offender."
Generally, the maximum sentence should not be imposed “without some foundation for characterizing a defendant as the worst type of offender.” A worst offender finding may be based on the
+ See more
defendant's background, the seriousness of the current offense, or both."
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arizona
State v. Lopez, 175 Ariz. 79, 81, 853 P.2d 1126, 1128 (Ct. App. 1993); State v. Far W. Water & Sewer Inc., 224 Ariz. 173, 201, 228 P.3d 909, 937
+ See more
(Ct. App. 2010), as amended (May 4, 2010); Ariz. R. Crim. P. 33.3
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 more
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).
Courts are not required to consider ability to pay when imposing fines. Furthermore, the Arizona Constitution prohibits excessive fines and ability to pay is one factor which can be
+ See more
used to determine whether a fine is excessive. In conducting a criminal contempt proceeding, the defendant must be given notice, time to prepare, and the right to subpoena witnesses.
"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
+ See more
ability to pay when imposing a fine or its payment schedule" “Both the Eighth Amendment of the Constitution of the United States and Article 2, Section 15 of the Arizona Constitution prohibit the imposition of excessive fines. ‘An excessive fine is one that exceeds reasonable, usual, proper, or just punishment’ or ‘one so disproportionate to the offense that it shocks public sentiment and affronts the judgment of reasonable people.’ The ability to pay, however, is only one factor in the determination of whether a fine is excessive, and that factor is not dispositive” "Except as provided by law or by Rule 33.2, a person shall not be found in criminal contempt without a hearing held after notice of the charge. The hearing shall be set so as to allow a reasonable time for the preparation of the defense; the notice shall state the time and place of the hearing, and the essential facts constituting the contempt charged, the notice may be given orally by the judge in open court in the presence of the person charged, or by an order to show cause. The defendant is entitled to subpoena witnesses on his or her behalf and to release under Rule 7."
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arizona State v. Phillips, 152 Ariz. 533, 535, 733 P.2d 1116, 1118 (1987) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? To some degree. Courts can only impose and collect revenue where the legislature provides for such action through statutory law.
"Under either statute, the trial court is required to set the manner of payment of restitution. The trial court thus erred in ordering the probation department to set the manner
+ See more
of payment rather than setting the manner of payment itself."
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arizona Hughes v. Jorgenson, 203 Ariz. 71, 74, 50 P.3d 821, 824 (2002)
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other
+ See more
law enforcement agencies?
Arizona law recognizes that a conflict of interest might arise where an officer or the court has a pecuniary or proprietary interest in the actions of an agency.
"[T]o violate the conflict of interest statute, a public official must have a non-speculative, non-remote pecuniary or proprietary interest in the decision at issue. The statutes require public officials to
+ See more
disclose potential conflicts and, in most instances, to then refrain from acting on issues on which the conflict exists"
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arizona State v. Taylor, 216 Ariz. 327, 334, 166 P.3d 118, 125 (Ct. App. 2007) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Yes. Statutory law only allows the state to recoup fees which the defendnat has a present ability to pay.
"Even if the court's statement that a payment plan can be worked out with the court's judicial assistance unit can be considered as making the order conditional, delegating such authority
+ See more
is not allowed under the rule. Rule 6.7(d) requires the court itself to balance financial resources against substantial hardship at the time the fee is imposed. Thus, based on the purpose of A.R.S. § 11–584(C) and Rule 6.7(d) as explained by the Arizona Supreme Court in Espinoza, the plain and ordinary meaning of the language used in the statute and rule, and the language used in the opinions quoted above, we hold that a court may only consider the defendant's present financial resources when making a determination pursuant to A.R.S. § 11–584(C) and Rule 6.7(d)."
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arizona State v. Leyva, 165 Ariz. 269, 798 P.2d 407, 60 Ariz. Adv. Rep. 61, 1990 Ariz. App. LEXIS 165 (Ariz. Ct. App. 1990) Other applicable caselaw Statutory law allows trial courts to consider ability to pay when constructing a payment plan even where it cannot explicitly consider ability to pay when imposing a fee "The trial court retains discretion under this section and § 13-810 to consider the economic circumstances of the defendant in determining the manner of payment" Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Iowa State v. Van Hoff, 415 N.W.2d 647, 649 (Iowa 1987)
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 more
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).
A determination of reasonableness ... is more appropriately based on [a defendant's] ability to pay the current installments than his ability to ultimately pay the total amount due. A determination of reasonableness ... is more appropriately based on [a defendant's] ability to pay the current installments than his ability to ultimately pay the total amount due. Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Iowa State v. Kurtz, 878 N.W.2d 469, 473 (Iowa Ct. App. 2016) A defendant who seeks to upset a restitution order has the burden to demonstrate either the failure of the court to exercise discretion or an abuse of that discretion. A defendant who seeks to upset a restitution order, however, has the burden to demonstrate either the failure of the court to exercise discretion or an abuse of that discretion. Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Iowa Goodrich v. State, 608 N.W.2d 774, 776 (Iowa 2000) Ability to pay must be determined before imposition.
Constitutionally, a court must determine a criminal defendant's ability to pay before entering an order requiring such defendant to pay criminal restitution pursuant to Iowa Code section 910.2. Section 910.2
+ See more
authorizes a court to order the offender to make restitution of court costs and court-appointed attorney's fees “to the extent that the offender is reasonably able to do so.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Iowa State v. Kurtz, 878 N.W.2d 469, 472 (Iowa Ct. App. 2016) Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
The restitution ordered to the victim is made without regard to the defendant's ability to pay; however, other reimbursement and costs are ordered only to the extent that the defendant
+ See more
is reasonably able to pay.
The restitution ordered to the victim is made without regard to the defendant's ability to pay; however, other reimbursement and costs are ordered only to the extent that the defendant
+ See more
is reasonably able to pay. . . . Thus, before ordering payment for court-appointed attorney fees and court costs, the court must consider the defendant's ability to pay.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington DC Smith v. Smith, 427 A.2d 928, 932 (D.C. 1981)
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 more
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).
Courts must hold indigence hearing before determining failure to pay was willful (and punishing); Defendant bears burden of showing inability to pay; Court must consider earnings as well as capacity in
+ See more
current job market given educational background and work experience
"When faced with a motion for contempt establishing noncompliance with a support order, the defendant bears the burden of showing an inability to pay or some other excuse for failure
+ See more
to comply. ... Ability to pay, of course, “is not merely a function of actual earnings but is to be derived, more broadly, from earning capacity in the current job market, given one's educational background and work experience.” ... Because appellant's motion to reduce support gave the trial court sufficient notice that he might be unable to meet his obligations under the stay of the contempt commitment, the trial court was obliged to hold a hearing and make a finding of ability to pay before revoking the stay.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Washington DC Lee v. Habib, 424 F.2d 891, 904 (D.C. Cir. 1970) Other applicable case law As in criminal cases, courts must consider ability to pay in civil cases
The equal protection clause applies to both civil and criminal cases; the Constitution protects life, liberty and property. It is the importance of the right to the individual, not the
+ See more
technical distinction between civil and criminal, which should be of importance to a court in deciding what procedures are constitutionally required in each case.44 Often a poor litigant will have more at stake in a civil case than in a criminal case.... We hold today only that the United States must pay for transcripts for indigent litigants allowed to appeal in forma pauperis to the District of Columbia Court of Appeals if the trial judge or a judge of the DCCA certifies that the appeal raises a substantial question the resolution of which requires a transcript. We do not hold that every civil case will require a transcript on appeal.59 We indicate no opinion as to whether one will be necessary in this case.
Ability to pay