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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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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
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Minnesota Perkins v. State, 559 N.W. 2d 678, 692-93 (1997)
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).
In terms of timeline, at least, the sentencing judge need not specifically find that defendant has ability to pay fine before imposing it as part of sentence.
In State v. Martinson, the court of appeals analyzed its prior decisions requiring sentencing judges to consider a defendant's ability to pay before imposing costs of prosecution, and held that
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similar findings should be made before imposing a fine. 460 N.W.2d 342, 344 (Minn.App.1990), pet. for rev. denied (Minn., Oct. 25, 1990). The Martinson court noted that requiring such findings was consistent with the recommendations of the A.B.A. Standards for Criminal Justice. Id. at 343; see 3 A.B.A. Standards for Criminal Justice § 18-2.7 (1979). But in a subsequent case, the court of appeals held that a sentencing judge need not make findings as to a defendant's ability to pay a fine unless the judge decides to reduce the amount of the fine below the statutory minimum for the offense. State v. Patterson, 511 N.W.2d 476, 479 (Minn.App.1994), pet. for rev. denied (Minn., Mar. 31, 1994). Then, in State v. Lambert, 392 N.W.2d 242 (1986), the court of appeals affirmed the Patterson court's decision that a sentencing judge need not determine a defendant's ability to pay the statutory minimum fine. 547 N.W.2d 446, 447-48 (Minn.App.1996). Most recently, the court of appeals held that when a sentencing judge imposes a fine between the statutory maximum and the statutory minimum, the judge must find that the defendant is able to pay the fine. State v. Salinas, No. C6-96-180, slip. op. at 4 (Minn.App., filed Sept. 17, 1996). Perkins v. State, 559 N.W. 2d 678, 692-93 (1997).
Ability to pay
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Minnesota State v. Tennin, 674 N.W. 2d 403, 408 (2004) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Any statute creating a co-payment obligation upon appointment of public defender violates indigent defendant's right to counsel under state and federal Constitutions.
Nonetheless, the requirement to repay costs of counsel is not without limit. In analyzing a recoupment statute from the State of Oregon, the United States Supreme Court held that Oregon's statute requiring an individual
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to reimburse the state for the services of a public defender was in line with the Sixth Amendment where “[t]hose who remain indigent or for whom repayment would work ‘manifest hardship’ are forever exempt from any obligation to repay.” Id. The question thus arises, does Minn.Stat. § 611.17, subd. 1 (c) (Supp.2003), which states that “[u]pon appointment of the public defender, an individual who receives public defender services shall be obligated to pay to the court a co-payment for representation provided by a public defender,” exempt persons who remain indigent or for whom repayment of the co-payment would work a manifest hardship? The answer to this question is critical to our analysis of the certified question. State v. Tennin, 674 N.W. 2d 403, 408 (2004) (quoting Fuller v. Oregon, 417 U.S. 40, 53, 94 (1974)).
Ability to pay
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Minnesota State v. Palubicki, 727 N.W. 2d 662 (2007) Other applicable caselaw
Trial court did not abuse its discretion in ordering defendant to pay restitution to murder victim's adult children for expenses arising from their voluntary attendance at murder trial, as their
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claimed expenses resulted from the crime; abrogating In re Welfare of D.D.G., 532 N.W.2d 279, State v. DeGrote, 2004 WL 556946. M.S.A. §§ 611A.04(1)(a), 611A.01(b).
Fines and fees
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Minnesota State v. Lopez-Solis, 589 N.W. 2d 290, 205 (1999) Costs incurred by a medical examiner in conducting an autopsy, preparing an autopsy report, and testifying at trial are not recoverable under the prosecution costs statute
Lopez–Solis argues that the costs of a medical examiner conducting an autopsy, preparing an autopsy report, and testifying at trial are costs that should not be imposed against a criminal defendant
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following conviction. Lopez–Solis contends that because the legislature requires county sheriffs to report all violent deaths to the medical examiner and because it is within the medical examiner's discretion whether to conduct an autopsy, the medical examiner should be viewed as an independent party. See Minn.Stat. § 390.32 (1996). We agree with Lopez–Solis that expenses incurred by medical examiners in conducting an autopsy, preparing an autopsy report, and testifying at trial may not be imposed against a criminal defendant following conviction. These services are provided independent of a criminal prosecution and therefore are not recoverable. Therefore, the $1,200 awarded by the trial court for Dr. Roe's trial testimony is reversed. State v. Lopez-Solis, 589 N.W. 2d 290, 205 (1999)
Fines and fees
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Minnesota State v. Fader, 358 N.W. 2d 42, 48 (1984)
Criminal sexual abuse defendant was entitled to vacation of an order requiring him to make $10,000 restitution, with the matter remanded to the trial court for reconsideration, where there was
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no factual showing of economic loss to the victim and her family in that amount. M.S.A. § 609.342(a).
The court may condition probation on restitution “when practicable.” Minn.Stat. § 609.135, subd. 1 (1982). Minnesota Sentencing Guidelines and Commentary, III.A.2. (1983) urges judges to make expanded use of restitution
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as a condition of probation, especially for persons with short criminal history scores convicted of property crimes, adding that the use of restitution may be appropriate in other cases also. In our opinion, the word “restitution” connotes restoring or compensating the victim for his loss. If the legislature intended the term to be used more loosely, as a form of punitive damages, it should have used some other word or made its particular use of the word clearer. The record indicates that defendant, although with some difficulty, is able to pay the $10,000, but the record does not provide a factual basis for the restitution award. Under the circumstances, we remand the case to the trial court for reconsideration, at which time the parties may present evidence bearing on the issue of economic loss to the victim and her family. We add that any decision by the trial court to award restitution does not by itself bar the victim and her family from independently seeking damages from defendant in a separate civil action, although any restitution awarded in this proceeding would operate as a setoff against any award obtained in such an action. State v. Fader, 358 N.W. 2d 42, 48 (1984)
Ability to pay
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Minnesota Hopp v. Hopp, 156 N.W.2d 212, 216 (1968)
Trial judge has measure of authority and discretion in civil contempt proceedings, particularly in divorce cases where alimony and support are ordered, far in excess of that existing in criminal
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cases because of limited and essential purpose of civil contempt proceedings.
The process by which this power is exercised is termed a civil contempt proceeding. The distinctive quality of a civil, as distinguished from a criminal, contempt is that of purpose.
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In exercising civil contempt powers in divorce cases, the only objective is to secure compliance with an order presumed to be reasonable. Punishment for past misconduct is not involved; that is a field reserved to criminal proceedings of which criminal contempt is one example. Peterson v. Peterson, Minn., 153 N.W.2d 825; Zieman v. Zieman, 265 Minn. 190, 121 N.W.2d 77; 17 C.J.S. Contempt ss 5(2) to 7. Because of the limited and essential purpose of civil contempt proceedings, particularly in divorce cases where alimony and support are ordered, we must recognize here a measure of authority and discretion in the trial judge far in excess of that which exists in criminal cases. In civil contempt, the function of the court is to make the rights of one individual as against another meaningful. When the duty is performed, the concern of the court is satisfied. If the duty is one specifically defined by a proper decree of the court, it must be free to compel performance by methods with are speedy, efficient, and sufficiently flexible to meet the problem at hand. Particularly in support cases, the proper discharge of the judge's responsibilities should not be frustrated by delay and formalism. Hopp v. Hopp, 156 N.W.2d 212, 216 (1968)
Enforcement