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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Wyoming | Murray v. State, 855 P.2d 350), (WY 1993) |
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 morethe 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).
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With respect to imposing a surcharge on a defendant under Section 1-40-119, the court is required to find an ability to pay before ordering an assessment. |
We agree with Appellant that the court was required to find that he had [**28] an ability to pay before ordering the assessment. Murray v. State, 1993 Wyo. LEXIS 110, *27-28, + See more855 P.2d 350, 359 (Wyo. 1993)
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Ability to pay |
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Wyoming | Murray v. State, 855 P.2d 350), (Wyo. 1993) |
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 morethe 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).
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With respect to imposing restitution under Section 7-9-103(a) and 7-9-102, the court must only make a specific finding when the defendant does not have any ability to pay. |
Henceforth, the court must make a specific finding only when the defendant does not have a present or prospective ability to pay. Although the court is not required to specifically + See morefind that a defendant has the ability to pay, the record must still contain evidence to support the existence of a present or future ability to pay. Murray v. State, 1993 Wyo. LEXIS 110, *26-27, 855 P.2d 350, 359 (Wyo. 1993)
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Ability to pay |
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Wyoming | Billis v. State, 800 P.2d 401, 433, (Wyo. 1990) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | The court has the authority to require the defendant's payment of his legal fees. |
Under W.S. 7-6-106(d) (June 1987 Repl.) the courts have the authority to order a defendant to repay the state for the cost of defense services.
Billis v. State, 800 P.2d 401, + See more433, 1990 Wyo. LEXIS 119, *100 (Wyo. 1990)
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Fines and fees |