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State Citation Question Brief answer Language from the opinion When does the case apply?
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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,
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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).
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
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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
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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
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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
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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
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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
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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
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North Carolina State v. Hunter, 315 N.C. 371, 376 (1986)
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).
State law requires that NC courts "take into consideration the resources of the defendant, her ability to earn, her obligation to support dependents, and such other matters as shall pertain
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to her ability to make restitution or reparation" when ordering restitution.
We do not interpret N.C.G.S. § 15A–1343 to require the trial judge to find and enter facts when imposing a judgment of probation. Rather it requires the court to take
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into consideration the resources of the defendant, her ability to earn, her obligation to support dependents, and such other matters as shall pertain to her ability to make restitution or reparation. This record clearly shows that these matters were considered by Judge Allsbrook in his judgment ordering restitution. He knew defendant's age, her relationship to the victim, that she resided with her mother, that she was indigent for legal purposes, and that the victim's family had insurance of an uncertain amount in scope at the time of the sentencing hearing. The court's action in remitting the original fine and delegating the determination and scheduling of payments in restitution to the probation officer evidenced the trial judge's full recognition of the matters to be considered pursuant to N.C.G.S. § 15A–1343(d).
Ability to pay
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North Carolina Matter of Alamance Cty. Court Facilities, 329 N.C. 84, 99 (1991) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Not explicitly, but it may be limited on a case-by-case basis
We hold that when inaction by those exercising legislative authority threatens fiscally to undermine the integrity of the judiciary, a court may invoke its inherent power to do what is
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reasonably necessary for “the orderly and efficient exercise of the administration of justice.” Beard v. N.C. State Bar, 320 N.C. at 129, 357 S.E.2d at 696. Article V prohibits the judiciary from taking public monies without statutory authorization. But our statutes obligate counties and cities to provide physical facilities for the judicial system operating within their boundaries. N.C.G.S. § 7A–300(a)(11) (1989); N.C.G.S. § 7A–302 (1989). These facilities must be adequate to serve the functioning of the judiciary within the borders of those political subdivisions. Such adequacy necessarily includes safeguarding the constitutional rights of parties and ascertaining that parties' statutory rights—such as handicap access—are similarly protected. Although the statutes do not expressly pass the duty of providing adequate judicial facilities to the court in case of default of local authorities, the court has the inherent authority to direct local authorities to perform that duty.
Revenue flow
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North Carolina Pers. v. Miller, 854 F.2d 656, 662–63 (4th Cir. 1988)
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
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law enforcement agencies?
Private counsel for interested parties may co-prosecute cases with government counsel when such participation "(1) has been approved by government counsel; (2) consists solely of rendering assistance in a subordinate
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role to government counsel; and (3) does not rise in practice to the level of effective control of the prosecution."
The issue here is whether and, if so, to what extent, private counsel for interested parties may be authorized to participate with government counsel in such a prosecution. Young flatly
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proscribes turning the prosecution completely over to private counsel for interested parties, but it certainly did not proscribe all participation by such counsel. . . . The limits of such allowable assistance were also suggested: assistance may not extend to the point that “counsel for the private party [is] ... in control of the prosecution.” Id.8 We therefore read Young at least implicitly to approve (or certainly not to forbid) the practice of allowing private counsel for interested parties to participate formally with government counsel in the prosecution of contempt citations so long as that participation (1) has been approved by government counsel; (2) consists solely of rendering assistance in a subordinate role to government counsel; and (3) does not rise in practice to the level of effective control of the prosecution. As indicated, we find authority for this rule of limited participation at least implicit in Young and we think it wholly conformable to Young 's underlying principles. Accordingly, we adopt it as the appropriate rule governing the participation of private counsel for interested parties in contempt prosecutions.
Transparency
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North Carolina State v. Webb, 358 N.C. 92, 101–02 (2004) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Yes, a defendant may only be held liable for counsel fees in criminal trials if the defendant is convicted.
A convicted defendant is entitled to notice and an opportunity to be heard before a valid judgment for costs can be entered. State v. Crews, 284 N.C. 427, 201 S.E.2d
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840 (1974). Costs are imposed only at sentencing, so any convicted indigent defendant is given notice of the *102 appointment fee at the sentencing hearing and is also given an opportunity to be heard and object to the imposition of this cost. Therefore, the constitutional requirement of notice and an opportunity to be heard are satisfied. Accordingly, the imposition of the appointment fee on convicted indigent defendants passes federal constitutional muster.
Fines and fees
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North Carolina Shore v. Edmisten, 290 N.C. 628, 633–34 (1976) Other applicable case law Though a defendant may not be held liable for the fees of court appointed counsel after a conviction, he may be held liable for restitution for high costs.
A state or a local agency can be the recipient of restitution where the offense charged results in particular damages or loss to it over and above its normal
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operating costs. It would be reasonable, for example, to require a defendant to pay the state for expenses incurred to provide him with court appointed counsel should he ever become financially able to pay. Fuller v. Oregon, 417 U.S. 40, 94 S.Ct. 2116, 40 L.Ed.2d 642 (1974). It would not however be reasonable to require the defendant to pay the state's overhead attributable to the normal costs of prosecuting him. People v. Baker, 37 Cal.App.3d 117, 112 Cal.Rptr. 137 (1974); State v. Mulvaney, 61 N.J. 202, 293 A.2d 668 (1972); Cf. People v. Teasdale, 335 Mich. 1, 55 N.W.2d 149 (1952).
Fines and fees
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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
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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,
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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).
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
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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
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“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
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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
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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
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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."
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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
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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
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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,
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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."
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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
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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
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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
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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,
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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
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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
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(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
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defendant's background, the seriousness of the current offense, or both."
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Rhode Island State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011)
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 must give defendant an ability to pay hearing before enforcing criminal justice debt.
This Court held that before a body execution may be issued against a defendant who is a judgment debtor, the defendant must be given a hearing to determine ability to
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pay. Landrigan v. McElroy, 457 A.2d 1056, 1062 (R.I.1983). At such a hearing it is the defendant's obligation to demonstrate an inability to pay the judgment by a preponderance of the evidence. Id. In addition, with regard to a defendant's inability to pay court fees, this Court has held that “[i]n every instance the burden of proving indigence in relation to the payment of the required filing fee or other element of cost is upon the party seeking such relief.” Silvestro v. Almonte, 484 A.2d 900, 903 (R.I.1984). In our opinion, the hearing justice did not err when he required LaRoche to satisfy the court that he made sufficient bona fide efforts to payrestitution. State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011)
Ability to pay