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.
Court Rules
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When does this apply
| State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Arizona | Ariz. R. Crim. P. 6.7(d) | Compensation of appointed counsel |
If in determining that a person is indigent under Rule 6.4(a), the court finds that such person has financial resources which enable him or her to offset in part the + See morecosts of the legal services to be provided, the court shall order him or her to pay to the appointed attorney or the county, through the clerk of the court, such amount as it finds he or she is able to pay without incurring substantial hardship to himself or herself or to his or her family. Failure to obey an order under this section shall not be grounds for contempt or grounds for withdrawal by the appointed attorney, but an order under this section may be enforced by the payee in the manner of a civil judgment. Except as authorized herein, no person, organization or governmental agency may request or accept any payment or promise of payment for assisting in the representation of a defendant by court appointment.
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Ability to pay |
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Arizona | Ariz. R. Crim. P. 33.3 | Disposition of other contempts; notice and hearing |
Except as provided by law or by Rule 33.2, a person shall not be found in criminal contempt without a hearing held after notice of the charge. The hearing shall + See morebe set so as to allow a reasonable time for the preparation of the defense; the notice shall state the time and place of the hearing, and the essential facts constituting the contempt charged, the notice may be given orally by the judge in open court in the presence of the person charged, or by an order to show cause. The defendant is entitled to subpoena witnesses on his or her behalf and to release under Rule 7
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Ability to pay |
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West Virginia | W. Va. R. Crim. P. 17(b) | Subpoena - ability to pay |
Subpoena - Defendants unable to pay. — The court shall order at any time that a subpoena be issued for service on a named witness upon an ex parte application + See moreof a defendant upon a satisfactory showing that the defendant is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued, the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the state.
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Ability to pay |
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West Virginia | W. Va. R. Civ. P. 77(e) | Waiver of fees |
Filing of affidavit of indigence. — A person seeking waiver of fees, costs, or security, pursuant to Chapter 59, Article 2, Section 1 [§ 59-2-1] of the Code of West Virginia, + See moreshall execute before the clerk or a deputy an affidavit prescribed by the chief justice of the Supreme of Court of Appeals, which shall be kept confidential in divorce and domestic violence proceedings.
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Ability to pay |
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West Virginia | W. Va. R. Crim. P. 32(c)5 | Right to Appeal |
Notification of right to appeal. — After imposing sentence in a case which has gone to trial on a plea of not guilty, the court must advise the defendant of the + See moreright to appeal. After imposing sentence in any case, the court must advise the defendant of any right to appeal the sentence, and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis. If the defendant so requests, the clerk of the court shall prepare and file forthwith a notice of intent to appeal on behalf of the defendant.
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Ability to pay |