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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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North Dakota | State v. Kottenbroch, 319 N.W.2d 465 (N.D. 1982) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | As noted above, Kottenbroch indicates that a hearing is required. |
Kottenbroch's fourth argument is that the recoupment statute violates due process because it does not provide the defendant with any type of hearing. Before probation may be revoked, however, the + See moredefendant must be given a hearing pursuant to Rule 32(f), N.D.R.Crim.P. At the hearing, the prosecution must establish by a preponderance of the evidence that a violation of a condition of probation has occurred. In this case the prosecution would have to prove that Kottenbroch was capable of, but unwilling to, repay the costs of his court-appointed counsel. Such a construction will prevent invidious discrimination between a probationer capable of repaying the costs of his attorney and one incapable of such repayment. Fuller v. Oregon, 417 U.S. at 48, fn. 9, 94 S.Ct. at 2122, fn. 9.
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Fines and fees |