Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
---|---|---|---|---|---|---|
Add to Dashboard
|
Ohio | State v. Meyer, 124 Ohio App. 3d 373, 377 (1997) |
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).
|
An ability-to-pay hearing is not required when a fine is merely imposed. Rather, it is only required when the trial court decides to incarcerate the defendant for failure to pay. + See moreDefendant is entitled to representation and an opportunity to present evidence.
|
We hold, therefore, that R.C. 2947.14(A) did not require a hearing in the present case because the trial court merely imposed a fine. Because the trial court has not yet + See moresought to enforce the fine with incarceration, the duty to hold a hearing under R.C. 2947.14(A) is not triggered. We note, further, that payment of the fine in this case was technically a condition of Meyer's probation, and therefore, should he be unable to pay and his probation sought to be revoked, he is entitled to a hearing under Crim.R. 32.3. In either case, the hearing requirement is conditioned upon the trial court's decision to incarcerate him.
|
Ability to pay |
Add to Dashboard
|
Ohio | State ex rel. Hague v. Ashtabula Cty. Bd. of Commrs., 2009-Ohio-6140, ¶ 18, 123 Ohio St. 3d 489, 493 (Ohio 2009) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | No. In fact, one case found that county commissioners violated the separation-of-powers doctrine for not funding courts when the court could not collect enough revenue from cases |
"The board and commissioners claim that they have rebutted the presumed reasonableness of the requesting funding because Judge Hague failed to make sufficient operational changes to reduce the courts' budget, + See morefailed to cooperate with the budget process in a timely manner, and has sufficient money to operate the courts for the remainder of 2009. These claims lack merit. For the board's claim that the judge failed to timely pursue various alternatives for reducing costs, Judge Hague submitted evidence that the majority of juveniles appearing before the juvenile court are indigent and that an increase in court fees and costs would simply increase unpaid sums instead of increasing county revenue."
|
Revenue flow |
Add to Dashboard
|
Ohio | no |
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 + See morelaw enforcement agencies?
|
Ohio Courts have not addressed this question | no | |
Add to Dashboard
|
Ohio | State v. Fisher, No. CA98-09-190, 2002 WL 745330 (Ohio Ct. App. 2002) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | Probably not. Courts rest their opinions on statutory law which provides that an indigent defendant may be required to pay attorneys fees only after an ability-to-pay determination is made. |
Thus, an indigent defendant may properly be required to pay his attorney fees only after the court makes an affirmative determination on the record that the defendant has, or reasonably + See moremay be expected to have, the means to pay all or some part of the cost of the legal services rendered to him.
|
Fines and fees |
Add to Dashboard
|
Ohio | City of Alliance v. Kelly, 548 N.E.2d 952 (Ohio Ct. App. 1988) | Other applicable caselaw | Contempt proceedings may not be used to incarcerate people for non-payment of fines. A person may only be sentenced pursuant to the procedural safeguards provided in Section 2947.14 |
The appellee in this action urges that we accept the trial court's characterization of these proceedings as contempt for failure to obey an order of the court pursuant to R.C. + See more2705.02. However, appellee does not suggest precisely which order appellant was charged with disobeying. We find that the court should have recognized that this case invoked the *134 procedures required under R.C. 2947.14 for committing an offender to jail for failure to pay a fine. This statute and its predecessor1were designed by the legislature to provide a method for collecting a fine from one who is unwilling to pay.
|
Enforcement |
Add to Dashboard
|
Ohio | Liming v. Damos, 133 Ohio St. 3d 509, 514 (Ohio 2012) | The Burden of proving inability to pay is on the party subject to a contempt order |
Placing the burden of showing inability to pay on the party charged with contempt is not unreasonable. As we explained in Cook, “[t]he defendant's financial condition and ability to pay + See morewere peculiarly within his own knowledge. They could not be known with the same certainty to the complainant, nor could she easily produce evidence to maintain the proposition were the burden of proof placed upon her.”
|
Ability to pay | |
Add to Dashboard
|
Ohio | Strattman v. Studt, 20 Ohio St. 2d 95, 95 (1969) | Court costs and fees are civil, not criminal, obligations and may be collected only by the methods provided for the collection of civil judgments |
The duty to pay court costs is a civil obligation arising from an implied contract. Obligations arising upon implied contracts and judgments *96 thereon are debts, within the purview of + See moreSection 15, Article I of the Ohio Constitution, which forbids imprisonment for debt in civil actions. (Paragraph one of the syllabus of Second National Bank of Sandusky v. Becker, 62 Ohio St. 289, 56 N.E. 1025, 51 L.R.A. 860, approved and followed.) Section 2947.20, Revised Code, insofar as it lodges authority in the judge or magistrate to order a defendant committed to jail or to a workhouse for failure to pay court costs, is violative of Section 15, Article I of the Ohio Constitution, and is unconstitutional [. . .] An indigent person taxed with costs in a civil action is not jailed to work off this obligation. Section 15, Article I of the Ohio Constitution, expressly prohibits imprisonment for civil debt.6 In criminal cases, court costs, assessed *103 to defray the administrative costs of the litigation, are likewise subject to the same prohibition. The purpose of assessing costs in criminal and in civil cases is the same and there is no justification for imprisonment for nonpayment of costs in criminal cases but not in civil cases [. . .] By being involved in court proceedings, any litigant, by implied contract, becomes liable for the payment of court costs if taxed as a part of the court's judgment. A judgment for costs in a criminal case is a civil, not a criminal, obligation, and may be collected only by the methods provided for the collection of civil judgments. To hold otherwise would permit that which is constitutionally prohibited.
|
Enforcement | |
Add to Dashboard
|
Ohio | Strongsville v. Waiwood ,577 N.E.2d 63 (Ohio 1989) | A court may not order a person to appear orissue a warrant for unpaid court costs. |
An arrest warrant issued after defendant failed to attend a hearing for failure to pay court costs was defective because failure to pay court costs is a civil liability not + See morean obligation, such as a fine, that subjects a debtor to arrest.
|
Enforcement | |
Add to Dashboard
|
Ohio | State v. Ellis, 2d Dist., 2008 Ohio 2719. | If community service is in lieu of either fines or court costs, contempt may not be imposed for failure to perform | Accordingly, the trial court's judgment finding Ellis in criminal contempt for nonperformance of community service work to satisfy his fines and court costs is reversed. | Enforcement | |
Add to Dashboard
|
Ohio | Ohio State Bar Assn. v. Goldie, 894 N.E.2d 1226 (2008). | Failing to follow the dictates of R.C. 2947.14 and using contempt as a sanction to collect fines can result in disciplinary violations | #VALUE! | Enforcement | |
Add to Dashboard
|
Ohio | In re GMS Mgt. Co., Inc. v. Unpaid Court Costs, Fees and Delinquencies, 932 N.E.2d 405 (2010). | The court may not collect fines by refusing to accept filings. |
Plaintiff-appellant, GMS Management Company, Inc., appeals a decision of Judge David D'Apolito of Mahoning County Court No. 4, which found that GMS owes over $3,000 for court costs and ordered + See morethe clerk of that court to refuse to accept any new pleadings even if court costs are advanced until all prior delinquent costs and fees have been paid in full. We agree with appellant's argument that this decision was unconstitutionally entered without notice or an opportunity to be heard and is an unconstitutional denial of access to the courts. For the following reasons, the judgment of the trial court is reversed, and the case is remanded based upon constitutional violations.
|
Enforcement | |
Add to Dashboard
|
Ohio | State v. Short, 2nd Dist. Darke No. 2011 CA 16, 2012-Ohio-2546. | The court may not order the forfeiture of a driver's license as a means of collecting costs. |
We agree that the municipal court lacked authority to order the forfeiture of Short's license for his failure to pay court costs. Accordingly, the court's order of forfeiture of Short's driver's + See morelicense is vacated.
|
Enforcement | |
Add to Dashboard
|
Ohio | State v. Cruise, 185 Ohio App. 3d 230, 233 (2009) | The court may not use money forfeited by a defendant as a means of collecting costs. | The trial court erred as a matter of law in diverting money forfeited by the appellee to pay court costs and attorney fees. | Enforcement | |
Add to Dashboard
|
Illinois | People v. Love, 177 Ill.2d 550,563 | Other applicable case law | Enforcement | ||
Add to Dashboard
|
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, + 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).
|
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 + See moreunder 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 |
Add to Dashboard
|
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, + 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).
|
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 + See morethe 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 |
Add to Dashboard
|
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, + 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).
|
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 + See morethe 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 |
Add to Dashboard
|
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, + 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).
|
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 + See morecounsel. 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 |
Add to Dashboard
|
West Virginia |
State v. Murrell, 201 W. Va. 648, 649–50, 499 S.E.2d 870, 871–72 (1997). Syl. Pt. 1, State v. Haught, 179 W.Va. 557, 371 S.E.2d 54 (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).
|
(1) While there is no prohibition against the imposition of the maximum penalty prescribed by law, indigent defendants may not be incarcerated solely because of their inability to pay court-ordered + See morefines or costs. (2) The court may impose of a statutory fine without determination of ability to pay, but before a trial court conditions its recommendation for a defendant's parole upon the defendant's payment of statutory fines, costs and attorney's fees, the trial court must consider the financial resources of the defendant, the defendant's ability to pay and the nature of the burden that the payment of such costs will impose upon the defendant.
|
"An individual is not excused from the imposition of the maximum sentence allowed under a statute simply because he is indigent, even if that sentence includes the imposition of fines + See morepursuant to statute. Consistent with the principles of Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970), and *650 **872 Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), however, while there is no prohibition against the imposition of the maximum penalty prescribed by law, indigent defendants may not be incarcerated solely because of their inability to pay court-ordered fines or costs." State v. Murrell, 201 W. Va. 648, 649–50, 499 S.E.2d 870, 871–72 (1997).
|
Ability to pay |
Add to Dashboard
|
West Virginia | W. Va. Const. art. VIII, § 3 | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | No. West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules. |
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice + See moreand procedure, which shall have the force and effect of law.”
|
Enforcement |