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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.
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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.
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North Carolina State v. Hunter, 315 N.C. 371, 376 (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).
State law requires that NC courts "take into consideration the resources of the defendant, her ability to earn, her obligation to support dependents, and such other matters as shall pertain
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to her ability to make restitution or reparation" when ordering restitution.
We do not interpret N.C.G.S. § 15A–1343 to require the trial judge to find and enter facts when imposing a judgment of probation. Rather it requires the court to take
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into consideration the resources of the defendant, her ability to earn, her obligation to support dependents, and such other matters as shall pertain to her ability to make restitution or reparation. This record clearly shows that these matters were considered by Judge Allsbrook in his judgment ordering restitution. He knew defendant's age, her relationship to the victim, that she resided with her mother, that she was indigent for legal purposes, and that the victim's family had insurance of an uncertain amount in scope at the time of the sentencing hearing. The court's action in remitting the original fine and delegating the determination and scheduling of payments in restitution to the probation officer evidenced the trial judge's full recognition of the matters to be considered pursuant to N.C.G.S. § 15A–1343(d).
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Ohio State v. Meyer, 124 Ohio App. 3d 373, 377 (1997)
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).
An ability-to-pay hearing is not required when a fine is merely imposed. Rather, it is only required when the trial court decides to incarcerate the defendant for failure to pay.
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Defendant is entitled to representation and an opportunity to present evidence.
We hold, therefore, that R.C. 2947.14(A) did not require a hearing in the present case because the trial court merely imposed a fine. Because the trial court has not yet
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sought to enforce the fine with incarceration, the duty to hold a hearing under R.C. 2947.14(A) is not triggered. We note, further, that payment of the fine in this case was technically a condition of Meyer's probation, and therefore, should he be unable to pay and his probation sought to be revoked, he is entitled to a hearing under Crim.R. 32.3. In either case, the hearing requirement is conditioned upon the trial court's decision to incarcerate him.
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Ohio Liming v. Damos, 133 Ohio St. 3d 509, 514 (Ohio 2012) The Burden of proving inability to pay is on the party subject to a contempt order
Placing the burden of showing inability to pay on the party charged with contempt is not unreasonable. As we explained in Cook, “[t]he defendant's financial condition and ability to pay
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were peculiarly within his own knowledge. They could not be known with the same certainty to the complainant, nor could she easily produce evidence to maintain the proposition were the burden of proof placed upon her.”
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Washington DC Smith v. Smith, 427 A.2d 928, 932 (D.C. 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,
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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).
Courts must hold indigence hearing before determining failure to pay was willful (and punishing); Defendant bears burden of showing inability to pay; Court must consider earnings as well as capacity in
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current job market given educational background and work experience
"When faced with a motion for contempt establishing noncompliance with a support order, the defendant bears the burden of showing an inability to pay or some other excuse for failure
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to comply. ... Ability to pay, of course, “is not merely a function of actual earnings but is to be derived, more broadly, from earning capacity in the current job market, given one's educational background and work experience.” ... Because appellant's motion to reduce support gave the trial court sufficient notice that he might be unable to meet his obligations under the stay of the contempt commitment, the trial court was obliged to hold a hearing and make a finding of ability to pay before revoking the stay.
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Washington DC Lee v. Habib, 424 F.2d 891, 904 (D.C. Cir. 1970) Other applicable case law As in criminal cases, courts must consider ability to pay in civil cases
The equal protection clause applies to both civil and criminal cases; the Constitution protects life, liberty and property. It is the importance of the right to the individual, not the
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technical distinction between civil and criminal, which should be of importance to a court in deciding what procedures are constitutionally required in each case.44 Often a poor litigant will have more at stake in a civil case than in a criminal case.... We hold today only that the United States must pay for transcripts for indigent litigants allowed to appeal in forma pauperis to the District of Columbia Court of Appeals if the trial judge or a judge of the DCCA certifies that the appeal raises a substantial question the resolution of which requires a transcript. We do not hold that every civil case will require a transcript on appeal.59 We indicate no opinion as to whether one will be necessary in this case.
Ability to pay