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State Citation Question Brief answer Language from the opinion When does the case apply?
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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,
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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).
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
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authorizes 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.
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
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is reasonably able to pay.
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
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is 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.
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
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Maryland 86 Md. Op. Att'y Gen. 183 (2001) (citing Reddick v. State, 608 A.2d 1246 (1992); Smith v. State, 506 A.2d 1165 (1986); Turner v. State, 516 A.2d 579 (1986)).
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).
All that is required is that the court must first assess the defendant's ability to pay the fine by inquiring into the defendant's family and financial situation before incarcerating defendant
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for inability to pay. No specific procedural mechanisms have been established.
"State law provides that a court may sentence a convicted defendant who has failed to pay a fine to an additional period of confinement to “work off” the fine. However,
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under both State law and the federal Constitution, the court must first assess the defendant's ability to pay the fine by inquiring into the defendant's family and financial situation. Any additional period of incarceration imposed for failure to pay the fine must be within statutory limits and may not, in any event, exceed 90 days. Finally, the total period of incarceration imposed on an indigent defendant may not exceed the statutory maximum for the underlying offense."
Ability to pay
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Maryland
Md. Const. art. IV, § 18 (granting the Court of Appeals the authority to enacts rules with the force of law); see, e.g., MD R ADR Rule 17-208 (the Court
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of Appeals authorizes its Chief Judge to approve fee schedules)
Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? No. Maryland's Constitution allows the Court of Appeals to impose binding state-wide rules, including fines and fees.
"The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other
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courts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals or otherwise by law. The power of courts other than the Court of Appeals to make rules of practice and procedure, or administrative rules, shall be subject to the rules and regulations adopted by the Court of Appeals or otherwise by law." "Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules for court-designated individuals conducting each type of fee-for-service ADR"
Revenue flow
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Maryland
Md. Code Ann., Cts. & Jud. Proc. § 7-503; Rucker v. Harford Cty., 558 A.2d 399, 404 (Md. 1989) (citing Mayor & City Council of Baltimore v. State, 15 Md.
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376, 488 (1860) (Grand, C.J., concurring))
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?
Law enforcement officials can collect fees. However, law enforcement officials should not be given any duties which directly conflict with their law enforcement duties.
“[T]he Constitution ... does not specify or describe the powers and duties of the sheriff. These are left to the common law and the Acts of Assembly.... There is nothing
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to prohibit the Legislature from adding to or diminishing his duties, provided those added be not in conflict with his office as sheriff.”
Enforcement
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Maryland Baldwin v. State, 444 A.2d 1058, 1066 (Md. 1982) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? The state may seek reimbursement of any amount which a defendant can reasonably be expected to pay.
"The initial determination, under the law, is to be made by the Public Defender; and to assist him in making it, § 7(b) authorizes him to “make such investigation of
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the financial status of each defendant at such time or times as the circumstances shall warrant....”Obviously cognizant that shifting sands of fortune might subsequently render inaccurate a previous eligibility determination, and also recognizing that time might not always permit a thorough investigation into the financial status of a defendant prior to the rendition of services, the General Assembly provided in art. 27A a comprehensive scheme whereby the Public Defender could obtain reimbursement from defendants later found able to pay for part or all of his services."
Ability to pay
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Maryland Rutherford v. Rutherford, 464 A.2d 228, 237 (Md. 1983) Other applicable case law An indigent defendant in a civil contempt proceeding cannot be sentenced to incarceration unless he or she has been afforded the right to counsel
"Therefore, under the Due Process Clause of the Fourteenth Amendment and Article 24 of the Maryland Declaration of Rights, an indigent defendant in a civil contempt proceeding cannot be sentenced
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to incarceration unless he has been afforded the right to appointed counsel. This does not mean that a constitutional right to appointed counsel attaches in every civil contempt proceeding involving an indigent defendant. Rather, we hold only that, under the due process requirements of the federal and state constitutions, an indigent defendant in a civil contempt proceeding cannot be sentenced to actual incarceration unless counsel has been appointed to represent him or he has waived the right to counsel"
Ability to pay
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Maryland McDaniel v. State, 45 A.3d 916, 924 (Md. 2012) Other applicable case law When a defendant is ordered to make restitution to a crime victim, the defendant must timely object or the issue is waived.
"When a court orders a defendant to make restitution to a crime victim, and the defendant believes that the court either fails to inquire into his ability to pay or
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errs in determining his ability to pay, the defendant must make a timely objection to the order, else the issue is waived"
Ability to pay
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South Carolina In re Anonymous Former Prob. Judge, 358 S.C. 1, 3 (2004) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Any such fees must be deposited into the general fund and cannot be used to directly compensate judges
The Committee noted that this Court, in In the Matter of Johnson, 302 S.C. 532, 397 S.E.2d 522 (1990), had held that (1) fees collected for services rendered by a
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probate judge in his capacity as probate judge are governed by Article 7 whether specifically enumerated therein or not, and (2) failure to deposit fees in the county fund was a violation of Canons 1 and 2A of the Code of Judicial Conduct, which require a judge to observe high standards of conduct and respect and comply with the law.
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South Carolina Singletary v. Wilson, 191 S.C. 153, 3 S.E.2d 802, 804 (1939) Other applicable caselaw The admonition of constitutional provision, forbidding infliction of cruel and unusual punishment and imposition of excessive fines, is addressed to judiciary, as well as Legislature.
It necessarily follows that the discretion of the trial Court in its determination of the amount of the penalty, where the maximum amount of the fine is not fixed by
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the statute, must be subject to be reviewed on appeal to this Court, if clearly abused, under Article I, Section 19 of the Constitution, which not only forbids the infliction of cruel and unusual punishment, but forbids the imposition of excessive fines.