Below are the cases that meet your search criteria.

6 Results

Export results to Excel

State Citation Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Kansas State v. McGlothin, 747 P.2d 1335, 1338 (Kan. 1988).
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 more
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 trial judge is statutorily required to make specific findings before imposing a fine and also must state on the record that she has taken into account the defendant's financial
+ See more
resources and the nature of the burden that payment of the fine would impose.
"The statute requires and we hold that where the defendant is convicted of a felony or a misdemeanor and is sentenced to imprisonment either in the county jail or in
+ See more
the custody of the secretary of corrections and a fine is to be imposed, the judge must make specific findings pursuant to 21–4607(2) before imposing a fine. The judge must also state on the record that he or she has taken into account the financial resources of the defendant and the nature of the burden that payment of the fine will impose, as required by 21–4607(3)."
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Kansas State v. Robinson, 132 P.3d 934, 940 (Kan. 2006). Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
The sentencing court must consider the financial resources of the defendant and the nature of the burden that payment will impose explicitly, stating on the record how those factors have
+ See more
been weighed in the court's decision.
"First, the sentencing court, at the time of initial assessment, must consider the financial resources of the defendant and the nature of the burden that payment will impose explicitly, stating
+ See more
on the record how those factors have been weighed in the court's decision. Without an adequate record on these points, meaningful appellate review of whether the court abused its discretion **941 in setting the amount and method of payment of the fees would be impossible. See State v. Moncla, 269 Kan. 61, 65, 4 P.3d 618 (2000) (noting difficulty of reviewing case in which district court failed to state findings, conclusions). Second, a sentencing court's failure to include such explicit consideration of the defendant's financial circumstances in the record does not render the sentence associated with the resulting assessment *547 “illegal,” as that term is used in Kan. Stat. Ann. § 22–3504. As we have already said, the assessment itself is not punitive; it is not a punishment or part of the sentence at all. Its connection to a sentence does not convert that sentence to one fitting the narrow definition of “illegal,” i.e., a sentence imposed by a court without jurisdiction; a sentence that does not conform to the statutory provision, either in the character or the term of the punishment authorized; or a sentence that is ambiguous with respect to the time and means in which it is to be served. See State v. Gayden, 281 Kan. 290, Syl. ¶ 1, 130 P.3d 108 (2006).
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Kansas State v. Goeller, 77 P.3d 1272, 1276 (Kan. 2003). The defendant had the burden to present evidence of his or her inability to pay restitution.
The plain language of Kan. Stat. Ann. §2002 Supp. 21-4603d(b)(1) requires restitution “unless” the court finds a plan of restitution unworkable. Moreover, “[i]f the court finds a plan of restitution unworkable, the
+ See more
court shall state on the record in detail the reasons therefor.” The design of this provision makes clear that restitution is the rule and a finding that restitution is unworkable the exception. It also leads us to conclude that it is a defendant's burden to come forward with evidence of his or her inability to pay.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Kansas State v. Tafoya, 372 P.3d 1247, 1252 (Kan. 2016).
A sentence is not rendered illegal simply because the district court judge fails to consider the financial resources of the defendant when determining either the discretionary amount of a fine
+ See more
or the discretionary method of payment.
"[W]e conclude that a sentence is not rendered **1252 illegal simply because the district court judge fails to consider (or fails to state on the record that he or she
+ See more
has considered) the financial resources of the defendant when determining either the discretionary amount of a fine or the discretionary method of payment. Moreover, a remand from an appellate court to a district court pursuant to these authorities to correct this error is, in substance, not a remand for resentencing. As such, the Tafoya I panel was substantively correct when it limited its mandate to vacating the fine and instructing the district court to reconsider “the method of payment of the fine.”
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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,
+ See more
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
+ See more
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
+ See more
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.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
+ See more
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