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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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 |
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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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Revenue flow |