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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Indiana |
IN Const. Art. 5, § 17 State v. Dunning, 9 Ind. 20, 24 (1857) State v. Rowe, 103 Ind. 118, 2 N.E. 294, 295 (1885) |
The provision of the Indiana Constitution that the governor shall have power to remit fines under such regulations as may be prescribed by law has been held only to authorize + See morethe remission of fines by the governor in pursuance of provisions of law. The power of the governor in this respect is not absolute, but can only be exercised pursuant to legislative direction.
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...The Governor may remit fines and forfeitures, under such regulations as may be provided by law…
It is plain, we think, that the power of remission is not granted absolutely to + See morethe governor, but only the power of exercising it pursuant to legislative direction. If the remission ought to be made in this case, the statutory requirement can yet be complied with, and the remission granted.
The sense in which the governor may be authorized to “remit fines and forfeitures” is that he may release or absolve the person against whom a fine or forfeiture has been adjudged from its payment after judgment.
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Enforcement | |
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New Mexico | 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).
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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."
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Enforcement |
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New Mexico | State v. Holland, 91 N.M. 386, 387 (N.M. Ct. App. 1978) |
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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The imposition of a fine or fee is valid only to the extent it conforms with the sentences that are permissible under statutory law. |
"A basic proposition of New Mexico law is that the fixing of penalties is a legislative function, that the trial court's authority is to impose the sentence authorized by law. + See moreSentences or portions thereof which are unauthorized by law are void."
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Enforcement |