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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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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).
Ability to pay
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North Carolina Matter of Alamance Cty. Court Facilities, 329 N.C. 84, 99 (1991) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Not explicitly, but it may be limited on a case-by-case basis
We hold that when inaction by those exercising legislative authority threatens fiscally to undermine the integrity of the judiciary, a court may invoke its inherent power to do what is
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reasonably necessary for “the orderly and efficient exercise of the administration of justice.” Beard v. N.C. State Bar, 320 N.C. at 129, 357 S.E.2d at 696. Article V prohibits the judiciary from taking public monies without statutory authorization. But our statutes obligate counties and cities to provide physical facilities for the judicial system operating within their boundaries. N.C.G.S. § 7A–300(a)(11) (1989); N.C.G.S. § 7A–302 (1989). These facilities must be adequate to serve the functioning of the judiciary within the borders of those political subdivisions. Such adequacy necessarily includes safeguarding the constitutional rights of parties and ascertaining that parties' statutory rights—such as handicap access—are similarly protected. Although the statutes do not expressly pass the duty of providing adequate judicial facilities to the court in case of default of local authorities, the court has the inherent authority to direct local authorities to perform that duty.
Revenue flow
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North Carolina Pers. v. Miller, 854 F.2d 656, 662–63 (4th Cir. 1988)
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?
Private counsel for interested parties may co-prosecute cases with government counsel when such participation "(1) has been approved by government counsel; (2) consists solely of rendering assistance in a subordinate
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role to government counsel; and (3) does not rise in practice to the level of effective control of the prosecution."
The issue here is whether and, if so, to what extent, private counsel for interested parties may be authorized to participate with government counsel in such a prosecution. Young flatly
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proscribes turning the prosecution completely over to private counsel for interested parties, but it certainly did not proscribe all participation by such counsel. . . . The limits of such allowable assistance were also suggested: assistance may not extend to the point that “counsel for the private party [is] ... in control of the prosecution.” Id.8 We therefore read Young at least implicitly to approve (or certainly not to forbid) the practice of allowing private counsel for interested parties to participate formally with government counsel in the prosecution of contempt citations so long as that participation (1) has been approved by government counsel; (2) consists solely of rendering assistance in a subordinate role to government counsel; and (3) does not rise in practice to the level of effective control of the prosecution. As indicated, we find authority for this rule of limited participation at least implicit in Young and we think it wholly conformable to Young 's underlying principles. Accordingly, we adopt it as the appropriate rule governing the participation of private counsel for interested parties in contempt prosecutions.
Transparency
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North Carolina State v. Webb, 358 N.C. 92, 101–02 (2004) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? Yes, a defendant may only be held liable for counsel fees in criminal trials if the defendant is convicted.
A convicted defendant is entitled to notice and an opportunity to be heard before a valid judgment for costs can be entered. State v. Crews, 284 N.C. 427, 201 S.E.2d
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840 (1974). Costs are imposed only at sentencing, so any convicted indigent defendant is given notice of the *102 appointment fee at the sentencing hearing and is also given an opportunity to be heard and object to the imposition of this cost. Therefore, the constitutional requirement of notice and an opportunity to be heard are satisfied. Accordingly, the imposition of the appointment fee on convicted indigent defendants passes federal constitutional muster.
Fines and fees
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North Carolina Shore v. Edmisten, 290 N.C. 628, 633–34 (1976) Other applicable case law Though a defendant may not be held liable for the fees of court appointed counsel after a conviction, he may be held liable for restitution for high costs.
A state or a local agency can be the recipient of restitution where the offense charged results in particular damages or loss to it over and above its normal
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operating costs. It would be reasonable, for example, to require a defendant to pay the state for expenses incurred to provide him with court appointed counsel should he ever become financially able to pay. Fuller v. Oregon, 417 U.S. 40, 94 S.Ct. 2116, 40 L.Ed.2d 642 (1974). It would not however be reasonable to require the defendant to pay the state's overhead attributable to the normal costs of prosecuting him. People v. Baker, 37 Cal.App.3d 117, 112 Cal.Rptr. 137 (1974); State v. Mulvaney, 61 N.J. 202, 293 A.2d 668 (1972); Cf. People v. Teasdale, 335 Mich. 1, 55 N.W.2d 149 (1952).
Fines and fees
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Texas Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013)
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).
Court must inquire into defendant's ability to pay before revoking probation and the burden of proof is on the state to show by a preponderance of the evidence that defendant
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willfully refused to pay financial obligation.
"The Texas ability-to-pay statute imposes an evidentiary burden on the State while Bearden imposes a mandatory judicial directive to inquire into a defendant's ability to pay." Ability to pay
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Texas Peraza v. State, 467 S.W.3d 508, 517–18 (Tex. Crim. App. 2015), reh'g denied (Sept. 16, 2015),, cert. denied, 136 S. Ct. 1188, 194 L. Ed. 2d 202 (2016) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Court imposition of costs is not unconstitutional under federal or state constitutional law as long as the money collected will go toward a "criminal justice purpose"
"[T]he statute under which court costs are assessed (or an interconnected statute) provides for an allocation of such court costs to be expended for legitimate criminal justice purposes, then the
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statute allows for a constitutional application that will not render the courts tax gatherers in violation of the separation of powers clause. A criminal justice purpose is one that relates to the administration of our criminal justice system. Whether a criminal justice purpose is “legitimate” is a question to be answered on a statute-by-statute/case-by-case basis."
Fines and fees
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Texas Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. App. 2007)
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?
There is no case law addressing this question; however, Texas courts have stated that a conflict of interest exists if counsel is required to make a choice between advancing his
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client's interest in a fair trial or advancing other interests. By analogy, then, a conflict of interest may also exist when law enforcement and/or courts are required to to make a choice between advancing justice and fair adjudication or advancing other interests (perhaps their own).
"An actual conflict of interest exists if counsel is required to make a choice between advancing his client's interest in a fair trial or advancing other interests (perhaps counsel's own)
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to the detriment of his client's interest.”
Revenue flow
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Texas Gross v. State, 279 S.W.3d 791, 793–94 (Tex. App. 2007) abrogated for other reasons by Harrell v. State, 286 S.W.3d 315 (Tex. 2009) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? No, so long, as the defendant has the ability to off-set the State's expenses
"nonindigent defendant is required to pay for counsel. To require an indigent to reimburse the county, to the extent he is able, for the expense of furnished counsel tends to
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put indigents and nonindigents on the same basis and is consistent with due process. The State of Texas provides an important service in providing legal services to those indigent citizens who cannot afford to pay for their own defense. Because of this service provided to indigents, the State has a significant interest in assuring that persons with financial resources pay for their own representation and do not take a free ride at the expense of its taxpayers. Thus, it is not an inherent violation of due process for the State to take reasonable steps to collect on expenditures made on behalf of those who have the ability to off-set the State's expenses."
Fines and fees
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Rhode Island State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011)
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).
The court must give defendant an ability to pay hearing before enforcing criminal justice debt.
This Court held that before a body execution may be issued against a defendant who is a judgment debtor, the defendant must be given a hearing to determine ability to
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pay. Landrigan v. McElroy, 457 A.2d 1056, 1062 (R.I.1983). At such a hearing it is the defendant's obligation to demonstrate an inability to pay the judgment by a preponderance of the evidence. Id. In addition, with regard to a defendant's inability to pay court fees, this Court has held that “[i]n every instance the burden of proving indigence in relation to the payment of the required filing fee or other element of cost is upon the party seeking such relief.” Silvestro v. Almonte, 484 A.2d 900, 903 (R.I.1984). In our opinion, the hearing justice did not err when he required LaRoche to satisfy the court that he made sufficient bona fide efforts to payrestitution. State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011)
Ability to pay