NCJ Number
107425
Journal
Judges' Journal Volume: 26 Issue: 2 Dated: (Spring 1987) Pages: 32-40
Date Published
1987
Length
9 pages
Annotation
After reviewing the legal issues in making the payment of legal costs a condition of probation for convicted indigents receiving State legal services, this article reports on a Michigan study that examined the statistical probability of recovering such fees.
Abstract
The Michigan recoupment statute, if construed to apply only to those persons able to repay their defense expenses, would not be constitutionally objectionable on equal protection or sixth amendment grounds. Another issue is whether the statute violates the equal protection or sixth amendment grounds. Another issue is whether the statute violates the equal protection clause by contemplating revocation of probation and subsequent imprisonment for nonpayment of counsel fees. The Michigan Court of Appeals has held that where inadequacy prevents a probationer from fulfilling a probation condition, imprisonment would deny equal protection. The Wayne County, Mich., study examined the statistical probability of recouping defense fees by analyzing 500 closed probation cases for 1975 or later. Data were obtained from the standard presentence reports required for all convicted felons. The probability that attorney fees will be repaid is apparently associated with individual, social, economic, and family background factors and differences in the court personnel involved in the case. 2 tables, 1 figure, 34 notes, and an appended statistical model.