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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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.
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Fines and fees |
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Wyoming | Billis v. State, 800 P.2d 401, 433, (Wyo. 1990) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | The court has the authority to require the defendant's payment of his legal fees. |
Under W.S. 7-6-106(d) (June 1987 Repl.) the courts have the authority to order a defendant to repay the state for the cost of defense services.
Billis v. State, 800 P.2d 401, + See more433, 1990 Wyo. LEXIS 119, *100 (Wyo. 1990)
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Fines and fees |
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New Mexico | State v. Mabry, 630 P.2d 269, 273 (N.M. 1981) |
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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Yes. Only the legislature can establish penalties for criminal behavior. |
"[T]he scope of our review is here limited to whether the Legislature had the power to enact these statutes. It has long been recognized in this state that it is + See moresolely within the province of the Legislature to establish penalties for criminal behavior."
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Fines and fees |