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State Citation Question Brief answer Language from the opinion When does the case apply?
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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
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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
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disclose potential conflicts and, in most instances, to then refrain from acting on issues on which the conflict exists"
Enforcement
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Arkansas
Drain v. State, 10 Ark. App. 338, 664 S.W.2d 484 (1984), citing Bearden v. Georgia, 461 U.S. 660 (1983); see also Ark. Code
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Ann. § 5-4-203(a)(3) and (4) (Supp. 1995).
Imprisonment of an indigent defendant for failure to pay a fine violates the defendant’s equal protection rights.
This statute basically codifies the principles established by the cases of Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971), and Williams v. Illinois, 399 U.S.
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235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970), both of which stand *341 for the proposition that a sentence to imprisonment for nonpayment of a fine works an invidious discrimination against indigent defendants in violation of the equal protection clause of the Fourteenth Amendment.
Enforcement