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State Citation Description/Statute Name Language from the rule When does the rule apply?
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Massachusetts S.J.C. Rule 3:10(10)(a) Assignment of Counsel
If a judge determines that a party is indigent, the judge may not order, require, or solicit the party to make any payment toward the cost of counsel, except for
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an indigent counsel fee. The indigent counsel fee shall be waived where a judge, after the indigency verification process, determines that the party is unable without substantial financial hardship to pay the indigent counsel fee within 180 days. Where the indigent counsel fee is not waived, the judge may authorize the party to perform community service in lieu of payment of the indigent counsel fee in accordance with G. L. c. 211D, § 2A(g). The clerk shall enter the judge's determination on the court docket.
Ability to pay
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Massachusetts S.J.C. Rule 3:10(10)(b) Assignment of Counsel
If a judge determines that a party is indigent but able to contribute, the judge shall order the party to pay the indigent counsel fee plus a contribution fee based
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on the financial circumstances of the party, provided that the amount of the contribution fee shall not cause substantial financial hardship. The party shall be given an opportunity to be heard and to present information, including witness affidavits or testimony, regarding whether the contribution fee would cause substantial financial hardship.
Fines and fees
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Massachusetts Mass. R. Crim P. 10(b) Continuances
When a continuance is granted upon the motion of either the Commonwealth or the defendant without adequate notice to the adverse party, causing the adverse party to incur unnecessary expenses,
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a judge may in his discretion assess those expenses as costs against the party or counsel requesting the continuance.
Fines and fees
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Massachusetts Mass. R. Crim P. 6(d)(1) Summons to Appear; Arrest Warrant A judge may order that expenses incurred as a result of the entry of a default against a defendant are to be assessed as costs against the defendant. Fines and fees
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Mississippi URCCC Rule 11.04 Post-Conviction Fines, Payment of Fines, and Indigents Matters concerning post-conviction fines, payment of fines, indigents and imprisonment for nonpayment of fines shall be governed by § 99-19-20 of the Mississippi Code of 1972. Ability to pay
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Mississippi M.R.A.P. Rule 6(a)(1) Counsel on Appeal in Criminal Cases and Proceedings In Forma Pauperis in Criminal Cases
A defendant in a criminal case in a trial court who desires to proceed on appeal in forma pauperis shall file in the trial court a motion for leave so to proceed,
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together with an affidavit showing the defendant's inability to pay fees and costs. If the motion is granted, the defendant may so proceed without further application to the Supreme Court and without prepayment of fees or costs in either court. If the motion is denied, the trial court shall state in writing the reasons for the denial.
Ability to pay
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New Hampshire N.H. Sup. Ct. Rule 47 COUNSEL FEES AND EXPENSES--INDIGENT CRIMINAL CASES Only upon an express, written finding of good cause and exceptional circumstances by the court will the maximum fees be exceeded or will additional fees be authorized.