Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Wyoming | Billis v. State, 800 P.2d 401, 433, (Wyo. 1990) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | The court has the authority to require the defendant's payment of his legal fees. |
Under W.S. 7-6-106(d) (June 1987 Repl.) the courts have the authority to order a defendant to repay the state for the cost of defense services.
Billis v. State, 800 P.2d 401, + See more433, 1990 Wyo. LEXIS 119, *100 (Wyo. 1990)
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Fines and fees |
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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 moreof payment rather than setting the manner of payment itself."
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Fines and fees |