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State Citation Question Brief answer Language from the opinion When does the case apply?
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Georgia Lawson v. City of Moultrie, 194 Ga. 699 (1942) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue?
No, Statute authorizing counties and municipal corporations to construct revenue producing undertakings, and in anticipation of the collection of revenue therefrom to issue certificates payable solely from such revenue, does
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not violate constitutional provision limiting the powers of counties and municipalities in relation to contracting debts
neither the act nor the ordinance violates the constitutional provision above referred to. Revenue flow
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Georgia Messenger v. State, 72 S.E.2d 460 (1952) Other applicable caselaw The inhibition of the constitution against imprisonment for debt applies to any and all such imprisonment, irrespective of the period of its duration or the means whereby it is accomplished the Constitution of Georgia forbids imprisonment for debt Ability to pay
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Georgia State v. Higgins, 326 S.E.2d 728, (Ga. 1985) Other applicable caselaw invalidating an income tax law that authorized punishment solely for the nonpayment of income taxes
[A] criminal provision drawn in terms of a ‘wilful failure’ to pay tax would be an entirely different matter, as it would catch the intentional tax evader without at the
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same time ensnaring the hapless pauper.
Ability to pay
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Georgia Johnson v. State, 707 S.E.2d 373, 374 Other applicable caselaw
Before revoking a defendant's probation based solely on the failure to pay fines, fees, or surchagres costs, the trial court is required to make a finding as to defendant's wilfulness,
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and if it concluded that defendant was not at fault, the court is required to consider other punishment alternatives.
"Although we do not interfere with a revocation of probation unless the trial court has manifestly abused its discretion, we conclude here that such an abuse occurred. In the instant
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case, the trial court made no express or written findings as to the reasons for Johnson's failure to pay or as to the inadequacy of alternative punishments. Rather, it inquired only as to Johnson's fitness to work before deciding to revoke Johnson's probation. Therefore, because the trial court made this determination without making the findings required by Bearden, it committed reversible error." Johnson v. State, 707 S.E.2d 373, 374(citing Bearden v. Georgia, 460 U.S. 660 (1983))
Ability to pay
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Tennessee
State v. Taylor, 70 S.W.3d 717, 723 (Tenn. 2002); State v. Smith, 898 S.W.2d 742, 747 (Tenn. Crim. App. 1994); Poole v. City of Chattanooga, No. E199901965COAR3CV, 2000 WL 310564,
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at *4 (Tenn. Ct. App. Mar. 27, 2000)
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 imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other mitigating and enhancing factors. The burden is on the
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defendant to prove a present inability to pay.
“The trial court's imposition of a fine, within the limits set by the jury, is to be based upon the factors provided by the 1989 Sentencing Act, which include “the
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defendant's ability to pay that fine, and other factors of judgment involved in setting the total sentence.” Trial and appellate courts must also consider other factors, including prior history, potential for rehabilitation, financial means, and mitigating and enhancing factors that are relevant to an appropriate, overall sentence. The seriousness of a conviction offense may also support a punitive fine.” “[T]he burden is on the contemner to prove inability to pay”
Ability to pay
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Tennessee State v. Rose, No. C.C.A. 3, 1989 WL 22804, at *2 (Tenn. Crim. App. Mar. 15, 1989) (Daughtrey, J., concurring in part) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue?
To some degree. Only the legislature can establish that conduct is criminal and is subject to a fine. Courts cannot impose a fine for behavior that the legislature has not
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criminalized
The power to declare conduct to be criminal and to set forth the “gradation of penalties” for various offenses is “a matter wholly within the power and discretion of the
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legislature, which discretion, exercised within constitutional limits, is not subject to review by the courts.”
Fines and fees
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Tennessee State v. Smith, No. C.C.A. 86-121-III, 1986 WL 10893 (Tenn. Crim. App. Oct. 3, 1986)
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?
This has not been explicitly addressed by courts. However, in the right-to-counsel context, Tennesee generally recognizes that conflicts of interests should be avoided where they are likely to occur. Furthermore,
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in at least one instance, the Tennesee Court of Criminal Appeals has recognized that conflicts might arise regarding fines and law enforcement.
“Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect
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each defendant's right to counsel.” "There is in the record an interesting letter from this assistant district attorney general to the defendants' attorney in which he asserts there is a conflict of interest because the state wished to talk with four of the accused, out of the presence of counsel, to explain the possibility of entering a “nolle” as to one or more of these persons and agreeing to a fine upon a guilty plea as to the others. If the state has no case against these people they could and should move to dismiss the charges without need to consult with them, either with or without counsel present."
Enforcement
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Tennessee State v. Miller, No. W200200640CCAR3CD, 2003 WL 1618070, at *3 (Tenn. Crim. App. Mar. 28, 2003) Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
In making its ability-to-pay determination, the court can require a defendant to pay as much as it determines the defendant is able to pay. It can modify this order if
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there is a change in the defendant's financial circumstances.
"If the court appoints counsel to represent an accused in a felony case under this section or in a misdemeanor case as required by law, but finds the accused is
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financially able to defray a portion or all of the cost of the accused's representation, the court shall enter an order directing the party to pay into the registry of the clerk of such court such sum as the court determines the accused is able to pay. Such sum shall be subject to execution as any other judgment and may also be made a condition of a discharge from probation. The court may provide for payments to be made at intervals, which the court shall establish, and upon such terms and conditions as are fair and just. The court may also modify its order when there has been a change in circumstances of the accused."
Ability to pay
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Tennessee Poole v. City of Chattanooga, No. E199901965COAR3CV, 2000 WL 310564, at *2 (Tenn. Ct. App. Mar. 27, 2000) Other applicable caselaw Defendants can be imprisoned for failure to pay fines if the court determines the person being imprisoned has the ability to pay the fine. "[I]mprisonment for failure to pay a fine, which is allowed under T.C.A. § 29-9-104, so long as the person being imprisoned has the ability to pay the fine." Ability to pay
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Tennessee State v. Dubrock, 649 S.W.2d 602 (Tenn.Crim.App.1983) Defendant is entitled to ability-to-pay hearing whenever they claim indigency.
"We think it is clear from the plain meaning of the statute that an indigency hearing must be held whenever a criminal defendant claims that he is financially unable to
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retain counsel. Furthermore, the legislature has placed no limits on the word “whenever.” Thus, an indigency hearing is required at any point that the defendant claims indigency."
Ability to pay