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State Citation Question Brief answer Language from the opinion When does the case apply?
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Illinois People v. Love, 177 Ill.2d 550,563 Other applicable case law Enforcement
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Illinois N.M. Stat. Ann. § 31-16-7
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).
No, but statutory law does. N.M. Stat. Ann. § 31-16-7 allows the district attorney to recover payment only from those who were not entitled indigent legal assistance when they received.
A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit
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under the Indigent Defense Act:(1) to which he was not entitled; (2) with respect to which he was not a needy person when he received it; or (3) with respect to which he has failed to make the certificate required by Section 62 B of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received. B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by Subsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. C. Amounts recovered under this section shall be paid to the state treasurer for credit to the state general fund.
Ability to pay
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Illinois State ex rel. Quintana v. Schnedar, 855 P.2d 562, 568 (N.M. 1993)
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).
Courts should give great deference to the determination of indigency made by the public defender's office when deciding whether a defendant is indigent.
The inherent power of the judiciary to appoint counsel for indigent defendants is within the unique province of the courts to ensure the constitutionality of criminal prosecutions. The PDA and
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the IDA create the statutory apparatus for providing legal representation to indigent criminal defendants. These statutes and other provisions indicate that the Department will determine under its guidelines whether a particular defendant is indigent and therefore entitled to the legal assistance of a public defender. Courts should give great deference to such determinations by the Department, although they retain the ultimate authority to determine indigence and the discretionary ability to order the appointment of a public defender when it is necessary to protect the defendant's constitutional or statutory rights.
Ability to pay
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Illinois State ex rel. Dept. of Human Services v. Rael, 642 P.2d 1099, 1104 (N.M. 1982)
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).
The New Mexico Supreme Court has recognized that in a civil contempt proceeding, defendants are not entitled to court-appointed counsel.
"The trial court is the proper evaluator of the need for counsel on a case-by-case basis, considering factors such as the indigent's ability to understand the proceeding, the complexity of
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the legal and factual issues, and the defenses that might be presented. We hold that the trial court must make a case-by-case determination, based on articulated reasons, whether fundamental fairness requires the appointment of counsel to assist an indigent defendant in a nonsupport civil contempt proceeding, and may, in the exercise of its sound discretion, appoint counsel in the proper case."
Enforcement
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Illinois State v. Anaya, 76 N.M. 572, 577 (1966)
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).
The defendant must make a reasonable showing that he is unable to pay, then the court must inquire into the showing made.
"The burden of proceeding rests first upon the defendant. It is proper for the trial court to require defendant to make a reasonable showing that he is unable to employ
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counsel. Depending on the facts, more than one inquiry may be necessary. In Elliott v. District Court In & For City & County of Denver, 402 P.2d 65 (Colo.1965), the defendant informed the court that he had an expectancy of money. When the expectancy failed to materialize, he brought it to attention of the court at a later date. When defendant makes a reasonable showing of indigency in support of his request for court-appointed counsel, the trial court has a duty under s 41—11—2, N.M.S.A. 1953, to inquire into the facts claimed by defendant. This does not require an independent inquiry by the court. It does require sufficient questioning by the court to enable the court either to decide the question of indigency at that time or to direct that defendant is to report further to the court on the question of obtaining counsel.”
Ability to pay
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Illinois People v. Somers, 984 N.E. 2d 471 (2013)
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).
notice, meaningful opportunity to present evidence on the costs of representation, the defendant's financial circumstances, and foreseeability to pay
Both this court and the appellate court have been very clear about what a trial court must do . . . To comply with the statute, the court may not
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simply impose the fee in a perfunctory manner. Rather, the court must give the defendant notice that it is considering imposing the fee, and the defendant must be given the opportunity to present evidence regarding his or her ability to pay and any other relevant circumstances. The hearing must focus on the costs of representation, the defendant's financial circumstances, and the foreseeable ability of the defendant to pay.
Ability to pay
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Illinois People v. Aguirre-Alarcon, 2016 IL App (4th) 140455, ¶ 12, 59 N.E.3d 229, 232 Other applicable case law Ability to pay determinations must consider foreseeable and present ability to pay The hearing must focus on the foreseeable ability of the defendant to pay reimbursement and the costs of the representation provided. Ability to pay
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Maine State v. Davenport, 138 A.3d 1205, 1208 (Me. 2016)
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).
Defendant's ability to pay must be considered for restitution costs, but defendant has burden of proof on showing inability to pay
In addition to establishing the offender's burden at sentencing, the Legislature supplied the burden that applies on appeal: “On appeal of a restitution order, the offender has the burden of
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demonstrating that the incapacity was proven as a matter of law.” 17–A M.R.S. § 1325(4) (enacted by P.L. 1997, ch. 413, § 3).
Ability to pay
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Maine State v. Lane, 649 A.2d 1112, 1115 (Me. 1994) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Yes. However, Legislative branch may give the judicial branch authority to impose additional fines, fees, and surcharges, which is the case with some Maine statutes.
All revenue received We have previously upheld mandatory minimum sentences and fines set by the Legislature to be imposed by the judiciary. See State v. Thibeault, 621 A.2d 418, 419
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(Me.1993) (mandatory minimum sentencing scheme set forth in 17-A M.R.S.A. § 1251 does not impermissibly limit judicial discretion in sentencing); State v. Briggs, 388 A.2d 507, 509 (Me.1978) (mandatory fine provided for night hunting did not violate separation of powers provision in Constitution); State v. Farmer, 324 A.2d 739, 746 (Me.1974) (minimum mandatory sentence does not violate separation of powers mandate). State v. Lane, 649 A.2d 1112, 1115 (Me. 1994) In the instant case, the Legislature directed that the judiciary add a mandatory 10% surcharge to any fine imposed. We find the judicial imposition of the surcharge was made pursuant to valid legislative authority and, therefore, is not an unconstitutional violation of the separation of powers. Id.
Fines and fees
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Maine State v. Drewry, 946 A.2d 981, 991 (Me. 2008) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? None besides indigency; court may take from offenders' funds earned while in prison
The court ordered Drewry to reimburse it in the amount of $2500 toward fees paid to Drewry's court-appointed counsel after finding that Drewry had $4265.42 in his jail account, which
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funds were obtained as a result of a settlement of Drewry's claim in the United States District Court against the Cumberland County Jail and Jail personnel for injuries he sustained from having been assaulted by another inmate while awaiting his trial. The trial court has the authority to reconsider a defendant's indigency status at any time during the course of criminal proceedings “whenever convincing evidence of non-indigence comes to [the court's] attention.” State v. Perry, 486 A.2d 154, 158–59 (Me.1985); see also M.R.Crim. P. 44. Drewry's alleged injuries, although sustained while in jail on the present indictment, were not the result of any misconduct on the part the State, the police, the court, or any witnesses. We decline to extend Drewry's invitation to expand our holding in Perry to these circumstances, and determine that the court committed no error in ordering Drewry to reimburse the State for a portion of his court-appointed legal fees.
Fines and fees