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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Ohio | City of Alliance v. Kelly, 548 N.E.2d 952 (Ohio Ct. App. 1988) | Other applicable caselaw | Contempt proceedings may not be used to incarcerate people for non-payment of fines. A person may only be sentenced pursuant to the procedural safeguards provided in Section 2947.14 |
The appellee in this action urges that we accept the trial court's characterization of these proceedings as contempt for failure to obey an order of the court pursuant to R.C. + See more2705.02. However, appellee does not suggest precisely which order appellant was charged with disobeying. We find that the court should have recognized that this case invoked the *134 procedures required under R.C. 2947.14 for committing an offender to jail for failure to pay a fine. This statute and its predecessor1were designed by the legislature to provide a method for collecting a fine from one who is unwilling to pay.
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Ohio | Strattman v. Studt, 20 Ohio St. 2d 95, 95 (1969) | Court costs and fees are civil, not criminal, obligations and may be collected only by the methods provided for the collection of civil judgments |
The duty to pay court costs is a civil obligation arising from an implied contract. Obligations arising upon implied contracts and judgments *96 thereon are debts, within the purview of + See moreSection 15, Article I of the Ohio Constitution, which forbids imprisonment for debt in civil actions. (Paragraph one of the syllabus of Second National Bank of Sandusky v. Becker, 62 Ohio St. 289, 56 N.E. 1025, 51 L.R.A. 860, approved and followed.) Section 2947.20, Revised Code, insofar as it lodges authority in the judge or magistrate to order a defendant committed to jail or to a workhouse for failure to pay court costs, is violative of Section 15, Article I of the Ohio Constitution, and is unconstitutional [. . .] An indigent person taxed with costs in a civil action is not jailed to work off this obligation. Section 15, Article I of the Ohio Constitution, expressly prohibits imprisonment for civil debt.6 In criminal cases, court costs, assessed *103 to defray the administrative costs of the litigation, are likewise subject to the same prohibition. The purpose of assessing costs in criminal and in civil cases is the same and there is no justification for imprisonment for nonpayment of costs in criminal cases but not in civil cases [. . .] By being involved in court proceedings, any litigant, by implied contract, becomes liable for the payment of court costs if taxed as a part of the court's judgment. A judgment for costs in a criminal case is a civil, not a criminal, obligation, and may be collected only by the methods provided for the collection of civil judgments. To hold otherwise would permit that which is constitutionally prohibited.
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Ohio | Strongsville v. Waiwood ,577 N.E.2d 63 (Ohio 1989) | A court may not order a person to appear orissue a warrant for unpaid court costs. |
An arrest warrant issued after defendant failed to attend a hearing for failure to pay court costs was defective because failure to pay court costs is a civil liability not + See morean obligation, such as a fine, that subjects a debtor to arrest.
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Ohio | State v. Ellis, 2d Dist., 2008 Ohio 2719. | If community service is in lieu of either fines or court costs, contempt may not be imposed for failure to perform | Accordingly, the trial court's judgment finding Ellis in criminal contempt for nonperformance of community service work to satisfy his fines and court costs is reversed. | Enforcement | |
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Ohio | Ohio State Bar Assn. v. Goldie, 894 N.E.2d 1226 (2008). | Failing to follow the dictates of R.C. 2947.14 and using contempt as a sanction to collect fines can result in disciplinary violations | #VALUE! | Enforcement | |
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Ohio | In re GMS Mgt. Co., Inc. v. Unpaid Court Costs, Fees and Delinquencies, 932 N.E.2d 405 (2010). | The court may not collect fines by refusing to accept filings. |
Plaintiff-appellant, GMS Management Company, Inc., appeals a decision of Judge David D'Apolito of Mahoning County Court No. 4, which found that GMS owes over $3,000 for court costs and ordered + See morethe clerk of that court to refuse to accept any new pleadings even if court costs are advanced until all prior delinquent costs and fees have been paid in full. We agree with appellant's argument that this decision was unconstitutionally entered without notice or an opportunity to be heard and is an unconstitutional denial of access to the courts. For the following reasons, the judgment of the trial court is reversed, and the case is remanded based upon constitutional violations.
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Ohio | State v. Short, 2nd Dist. Darke No. 2011 CA 16, 2012-Ohio-2546. | The court may not order the forfeiture of a driver's license as a means of collecting costs. |
We agree that the municipal court lacked authority to order the forfeiture of Short's license for his failure to pay court costs. Accordingly, the court's order of forfeiture of Short's driver's + See morelicense is vacated.
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Ohio | State v. Cruise, 185 Ohio App. 3d 230, 233 (2009) | The court may not use money forfeited by a defendant as a means of collecting costs. | The trial court erred as a matter of law in diverting money forfeited by the appellee to pay court costs and attorney fees. | Enforcement | |
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New Mexico | State ex rel. Dept. of Human Services v. Rael, 642 P.2d 1099, 1104 (N.M. 1982) |
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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The New Mexico Supreme Court has recognized that in a civil contempt proceeding, defendants are not entitled to court-appointed counsel. |
"The trial court is the proper evaluator of the need for counsel on a case-by-case basis, considering factors such as the indigent's ability to understand the proceeding, the complexity of + See morethe legal and factual issues, and the defenses that might be presented. We hold that the trial court must make a case-by-case determination, based on articulated reasons, whether fundamental fairness requires the appointment of counsel to assist an indigent defendant in a nonsupport civil contempt proceeding, and may, in the exercise of its sound discretion, appoint counsel in the proper case."
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Illinois | People v. Love, 177 Ill.2d 550,563 | Other applicable case law | Enforcement | ||
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Illinois | State ex rel. Dept. of Human Services v. Rael, 642 P.2d 1099, 1104 (N.M. 1982) |
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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The New Mexico Supreme Court has recognized that in a civil contempt proceeding, defendants are not entitled to court-appointed counsel. |
"The trial court is the proper evaluator of the need for counsel on a case-by-case basis, considering factors such as the indigent's ability to understand the proceeding, the complexity of + See morethe legal and factual issues, and the defenses that might be presented. We hold that the trial court must make a case-by-case determination, based on articulated reasons, whether fundamental fairness requires the appointment of counsel to assist an indigent defendant in a nonsupport civil contempt proceeding, and may, in the exercise of its sound discretion, appoint counsel in the proper case."
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Nebraska | State v. Holloway, 212 Neb. 426 (1982). | The court cannot require that a fine be satisfied by applying jail time served without giving the defendant an opportunity to pay the fine. |
It seems clear to us that the statutes cited do not authorize the procedure which the court here used, i.e., requiring the fine to be satisfied by applying the jail + See moretime served without giving an opportunity to pay in the manner provided bystatute, and without affording an opportunity to show indigency.
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West Virginia | W. Va. Const. art. VIII, § 3 | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | No. West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules. |
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice + See moreand procedure, which shall have the force and effect of law.”
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Missouri | Spencer v. Basinger, 562 S.W.2d 350, 353 (Mo. 1978) |
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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After a prima facie showing of indigency has been made, an individual may not be incarcerated for nonpayment of fine and costs |
A prima facie showing of indigency has been made. Under such circumstances petitioner may not be confined further at this time for nonpayment of fine and costs. See Hendrix v. + See moreLark, 482 S.W.2d 427 (Mo. banc 1972). This is not to suggest that those who neglect or refuse to pay a fine may not be incarcerated for their refusal so to do within the constitutional standards described in Hendrix.
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Missouri | Hendrix v. Lark, 482 S.W.2d 427, 428 (Mo. 1972) | Other applicable caselaw | Prisoner's incarceration to satisfy payment of fines and costs levied upon her without giving indigent prisoner option of paying the same by installments denied her the equal protection of law. |
St. Louis must provide indigent defendants an opportunity to pay fines in reasonable installments and that portion of Sec. 773.070 of the Revised Code of the city providing the court + See moreshall not stay the payment of any fine and calling for its execution, i.e., immediate imprisonment in lieu of payment, *429 is unconstitutional under the above decisions.
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Arizona | Hughes v. Jorgenson, 203 Ariz. 71, 74, 50 P.3d 821, 824 (2002) |
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See morelaw enforcement agencies?
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Arizona law recognizes that a conflict of interest might arise where an officer or the court has a pecuniary or proprietary interest in the actions of an agency. |
"[T]o violate the conflict of interest statute, a public official must have a non-speculative, non-remote pecuniary or proprietary interest in the decision at issue. The statutes require public officials to + See moredisclose potential conflicts and, in most instances, to then refrain from acting on issues on which the conflict exists"
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Indiana |
IN Const. Art. 5, § 17 State v. Dunning, 9 Ind. 20, 24 (1857) State v. Rowe, 103 Ind. 118, 2 N.E. 294, 295 (1885) |
The provision of the Indiana Constitution that the governor shall have power to remit fines under such regulations as may be prescribed by law has been held only to authorize + See morethe remission of fines by the governor in pursuance of provisions of law. The power of the governor in this respect is not absolute, but can only be exercised pursuant to legislative direction.
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...The Governor may remit fines and forfeitures, under such regulations as may be provided by law…
It is plain, we think, that the power of remission is not granted absolutely to + See morethe governor, but only the power of exercising it pursuant to legislative direction. If the remission ought to be made in this case, the statutory requirement can yet be complied with, and the remission granted.
The sense in which the governor may be authorized to “remit fines and forfeitures” is that he may release or absolve the person against whom a fine or forfeiture has been adjudged from its payment after judgment.
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Louisiana | State v. Williams, 489 So.2d 286, 291–92 (La. Ct. App.1986) | Other applicable caselaw |
Louisiana courts have consistently held that an indigent may not be given a fine in default of which a prison term is imposed in excess of the statutory maximum
State + See morev. Williams, 489 So.2d 286, 291–92 (La. Ct. App.1986)
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Oregon | State v. Goodenow, 251 Or.App. 139, 144–45 (2012) | Other applicable caselaw |
Courts are not limited by any numerical or proportionality requirement to seize the proceeds of a crime, in this case, all the earnings from a winning lottery ticket purchased using + See morean illegally obtained credit card
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Oregon's criminal forfeiture statutes do not limit the amount of property that may be forfeited as the proceeds of prohibited conduct. They do not require courts to determine whether a + See moreforfeiture of a defendant's property is proportional to the defendant's crime. ORS 131.585(1) (“The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction.”). (In that respect, the statutes treat the forfeiture of the proceeds of defendants' crimes differently from the forfeiture of instrumentalities of defendants' crimes. The statutes require courts to determine whether the forfeiture of an instrumentality of a defendant's crime, such as a vehicle or building used in the commission of a crime, is proportional to the crime and identify factors to consider in making that determination. ORS 131.585(2)(a)-(g).4)
State v. Goodenow, 251 Or.App. 139, 144–45 (2012)
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Alaska | Cont'l Ins. Companies v. Bayless & Roberts, Inc., 548 P.2d 398, 410 (Alaska 1976) | Other applicable caselaw | The legislature cannot impede the contempt power |
"Thus, statutory enactments which endeavor to limit the necessary contempt powers of the Alaska superior and supreme courts are not binding. Nevertheless, statutory enactments, which reasonably regulate the contempt power, + See moreas representing the opinion of a coequal branch of the government, should be given effect as a matter of comity unless they fetter the efficient operation of the courts or impair their ability to uphold their dignity and authority."
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