Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Washington | State v. Blank, 131 Wash.2d 230, 239-42 (1997) | Are there limits to the states ability to recoup fees for counsel under the state constitution? |
Yes, but they are incorporated into protections that do not directly speak to limitations on the state's ability to recoup fees, such as the defendant's inability to pay and the + See morecourt's obligation to inquire into a defendant's ability to pay
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the procedural guidelines required by the Constitution, and mandated by this court, need not be specifically enumerated in the statute so long as the courts adhere to those requirements
Moreover, common + See moresense dictates that a determination of ability to pay and an inquiry into defendant's finances is not required before a recoupment order may be entered against an indigent defendant as it is nearly impossible to predict ability to pay over a period of 10 years or longer.6 However, we hold that before enforced collection or any sanction is imposed for nonpayment, there must be an inquiry into ability to pay.
State v. Blank, 131 Wash.2d 230, 239-42 (1997)
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