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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Oregon | State v. Fuller, 12 Or.App. 152, 158–59 (1973), aff'd, 417 U.S. 40 (1974) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | Yes, but such limits are predicated on the indigency of the defendant |
Thus, an indigent defendant is entitled to free counsel immediately (which is when he needs it), but may be later required to repay this cost if he ‘is or will + See morebe’ able to do so, that is, if he has ceased or likely will cease to be indigent. A defendant is not denied counsel while he is indigent, and he is required to repay appointed counsel's fee only if and when he is no longer indigent. If there is no likelihood that a defendant's indigency will end, a judgment for costs cannot be imposed. ORS 161.665(3).
State v. Fuller, 12 Or.App. 152, 158–59 (1973), aff'd, 417 U.S. 40 (1974)
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Fines and fees |