CONSTITUTIONAL LAW - RECOUPMENT STATUTES - REIMBURSEMENT OF INDIGENT DEFENSE COSTS UPHELD

• NCJ Number: 25330
• Journal: Tulane Law Review Volume: 49 Issue: 3 Dated: (MARCH 1975) Pages: 699-706
• Author(s): F A BOS; E B LIVAUDAIS
• Date Published: 1975
• Length: 8 pages
• Corporate Author: Tulane Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF THE SUPREME COURT DECISION TO ALLOW THAT RECOUPMENT OF COUNSEL FEES INCURRED IN BEHALF OF A TEMPORARILY INDIGENT DEFENDANT CAN BE A CONDITION OF PROBATION IN THE CASE OF FULLER V OREGON (1974).

Abstract

THE COURT RULED THAT SUCH A CONDITION IS NOT A DENIAL OF THE DEFENDANT'S RIGHT TO EQUAL PROTECTION OR A 'CHILLING' OF HIS RIGHT TO COUNSEL IF THE STATUTE THAT ESTABLISHES THE CONDITION IS RATIONALLY CNSTRUCTED AND SCALED TO THE DEFENDANT'S ABILITY TO PAY.