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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Delaware | Potter v. State, 547 A.2d 595, 598 (Del. 1988) |
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, + See morethe 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).
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In felony cases that may result in a prison sentence, the Delaware Supreme Court holds that the trial court must make a determination of indigence if indigence is raised as + See morean issue. The defendant has the burden of proof and is entitled to a hearing on the issue of indigence. The Court is silent on the substantive factors that must be considered when making a determination of indigence.
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If the issue of indigence is raised in a case involving a felony charge which may result in a prison sentence, this Court has held that the trial court has + See morea duty to make a determination on the record as to the defendant's alleged indigence before the case proceeds to trial. Stacey v. State, Del.Supr., 358 A.2d 379, 380 (1976) (per curiam). The defendant has the burden of establishing a right to counsel at public expense, but he is entitled to a hearing on the issue of indigence. Id. This Court also held that it is error for a trial court to presume that a defendant is not entitled to counsel from a silent record. Id. Potter v. State, 547 A.2d 595, 598 (Del. 1988)
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Ability to pay |
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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, + See morethe 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).
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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 + See moreauthorizes 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.
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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 + See moreis reasonably able to pay.
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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 + See moreis 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.
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Ability to pay |
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New Hampshire | State v. Haas, 155 N.H. 612, 613–14, 927 A.2d 1209, 1210 (2007) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | Statute requiring defendant to reimburse State for costs of his legal representation did not violate constitutional right to substantive due process |
The purpose of the statute is to require that those who are financially able to do so, pay for a service that they received from the State. There is nothing + See moreillegitimate in the governmental interest in recouping costs expended for public defense whether or not the defendant is convicted. Moreover, the statutory scheme under RSA 604-A:9 is rationally related to this purpose in that it inquires into a defendant's *614 ability to pay and outlines procedures for recoupment orders, collection and appeal of such orders.
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Fines and fees |
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New Hampshire | State v. Fowlie, 138 N.H. 234, 236–37, 636 A.2d 1037, 1039 (1994) | Other applicable case law | If the defendant then demonstrates sufficient bona fide efforts to repay his debt, alternatives to imprisonment must be considered by the court before probation may be revoked and imprisonment ordered |
We held in Wallace that in a criminal contempt proceeding where a defendant introduces evidence of inability to pay, the State must prove beyond a reasonable doubt the defendant's intentional + See morenoncompliance with the court's order. Probation violation, however, is not a criminal offense, and revocation requires only a finding, by a preponderance of the evidence, of misplaced trust. . . The State's initial burden when, as here, it brings a petition, is to show that the defendant did not meet a condition of his sentence, in this case, the payment of restitution. The court then “must inquire into the reasons for the failure to pay.” Bearden, 461 U.S. at 672, 103 S.Ct. at 2072. If the defendant then “demonstrate[s] sufficient bona fide efforts to repay his debt,” id. at 671, 103 S.Ct. at 2072, alternatives to imprisonment must be considered by the court before probation may be revoked and imprisonment ordered. Id. at 672, 103 S.Ct. at 2072.
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