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State Citation Question Brief answer Language from the opinion When does the case apply?
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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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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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Texas Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013)
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).
Court must inquire into defendant's ability to pay before revoking probation and the burden of proof is on the state to show by a preponderance of the evidence that defendant
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willfully refused to pay financial obligation.
"The Texas ability-to-pay statute imposes an evidentiary burden on the State while Bearden imposes a mandatory judicial directive to inquire into a defendant's ability to pay." Ability to pay
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Texas Peraza v. State, 467 S.W.3d 508, 517–18 (Tex. Crim. App. 2015), reh'g denied (Sept. 16, 2015),, cert. denied, 136 S. Ct. 1188, 194 L. Ed. 2d 202 (2016) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Court imposition of costs is not unconstitutional under federal or state constitutional law as long as the money collected will go toward a "criminal justice purpose"
"[T]he statute under which court costs are assessed (or an interconnected statute) provides for an allocation of such court costs to be expended for legitimate criminal justice purposes, then the
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statute allows for a constitutional application that will not render the courts tax gatherers in violation of the separation of powers clause. A criminal justice purpose is one that relates to the administration of our criminal justice system. Whether a criminal justice purpose is “legitimate” is a question to be answered on a statute-by-statute/case-by-case basis."
Fines and fees
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Texas Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. App. 2007)
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?
There is no case law addressing this question; however, Texas courts have stated that a conflict of interest exists if counsel is required to make a choice between advancing his
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client's interest in a fair trial or advancing other interests. By analogy, then, a conflict of interest may also exist when law enforcement and/or courts are required to to make a choice between advancing justice and fair adjudication or advancing other interests (perhaps their own).
"An actual conflict of interest exists if counsel is required to make a choice between advancing his client's interest in a fair trial or advancing other interests (perhaps counsel's own)
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to the detriment of his client's interest.”
Revenue flow
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Texas Gross v. State, 279 S.W.3d 791, 793–94 (Tex. App. 2007) abrogated for other reasons by Harrell v. State, 286 S.W.3d 315 (Tex. 2009) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? No, so long, as the defendant has the ability to off-set the State's expenses
"nonindigent defendant is required to pay for counsel. To require an indigent to reimburse the county, to the extent he is able, for the expense of furnished counsel tends to
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put indigents and nonindigents on the same basis and is consistent with due process. The State of Texas provides an important service in providing legal services to those indigent citizens who cannot afford to pay for their own defense. Because of this service provided to indigents, the State has a significant interest in assuring that persons with financial resources pay for their own representation and do not take a free ride at the expense of its taxpayers. Thus, it is not an inherent violation of due process for the State to take reasonable steps to collect on expenditures made on behalf of those who have the ability to off-set the State's expenses."
Fines and fees
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Washington State v. Curry, 118 Wash.2d 911, 915–16 (1992)
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).
If a judge imposes discretionary legal financial obligations, seven requirements must first be met
The following requirements must be met:1. Repayment must not be mandatory;2. Repayment may be imposed only on convicted defendants;3. Repayment may only be ordered if the defendant is or will
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be able to pay;4. The financial resources of the defendant must be taken into account;5. A repayment obligation may not be imposed if it appears there is no likelihood the defendant's indigency will end;6. The convicted person must be permitted to petition the court for remission of the payment of costs or any unpaid portion; 7. The convicted person cannot be held in contempt for failure to repay if the default was not attributable to an intentional refusal to obey the court order or a failure to make a good faith effort to make repayment.
Ability to pay
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Washington State v. Blank, 131 Wash.2d 230, 239-42 (1997) Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
Yes, but they are incorporated into protections that do not directly speak to limitations on the state's ability to recoup fees, such as the defendant's inability to pay and the
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court's obligation to inquire into a defendant's ability to pay
the procedural guidelines required by the Constitution, and mandated by this court, need not be specifically enumerated in the statute so long as the courts adhere to those requirements…Moreover, common
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sense dictates that a determination of ability to pay and an inquiry into defendant's finances is not required before a recoupment order may be entered against an indigent defendant as it is nearly impossible to predict ability to pay over a period of 10 years or longer.6 However, we hold that before enforced collection or any sanction is imposed for nonpayment, there must be an inquiry into ability to pay. State v. Blank, 131 Wash.2d 230, 239-42 (1997)
Revenue flow
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Washington State v. Blazina, 182 Wash. 2d 827, 839, 344 P.3d 680, 685 (2015) Other applicable case law Imposition of discretionary fines and fees requires individualized inquiry into defendants ability to pay.
We hold that RCW 10.01.160(3) requires the record to reflect that the sentencing judge made an individualized inquiry into the defendant's current and future ability to pay before the court
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imposes LFOs. This inquiry also requires the court to consider important factors, such as incarceration and a defendant's other debts, including restitution, when determining a defendant's ability to pay. Because the records in this case do not show that the sentencing judges made this inquiry into either defendant's ability to pay, we remand the cases to the trial courts for new sentence hearings.
Ability to pay