Dollars & Sense: The Specter of Debtor's Prisons in Kentucky A growing number of our clients have been sent back to court due to their inability to pay costs and fines. This session will review recent relevant Kentucky case law and offer practice points to help combat the problem.

NAPD Statement on Predatory Collection Practices “[t]oo many courts are ignoring their constitutional requirement to determine ability to pay before imposing fines, fees, and costs on indigent clients, and many courts are illegally imposing jail time as a punishment for unpaid criminal justice debt. Public policy weighs strongly against funding government on the backs of poor people. It should end now.”

Court costs may be assessed: A.At a hearing upon the defendant’s completion of the sentence B.At or near sentencing hearing C.When the defendant is granted parole and able to earn money

True or False: A defendant is entitled to a hearing on his ability to pay public defender fees. A.True B.False

The trial court should determine whether a partial public defender fee should be assessed: A.at sentencing B.prior to trial C.At arraignment and each stage of the proceedings

A client must be found ____ in order to avoid the imposition of a fine. A.“poor” B.B. “indigent” C.C. “not guilty”

Court Costs will be waived: A.When the court has found the defendant is indigent and appointed a public defender B.When the trial court specifically finds the defendant is a “poor person” C.When the defendant is either indigent OR poor, since both are defined as “lacking food, clothing, and other necessities of life because of poverty.”

Client was found indigent and appointed a public defender at trial and again at the appellate level. Nevertheless, the judge assessed court costs and trial counsel did not object. The appellate court will: A.Find palpable error, vacate the court costs since the client is clearly unable to pay and will be unlikely to pay in the future since he has a lengthy sentence and must register as a sex offender B.Remand the case to the trial court for a hearing on the client’s ability to pay C.Tell your client, “neener- neener,” claiming, in legal terms, “no backsies!” since they didn’t raise it at trial

A defendant MUST oppose imposition of a fine at the trial level in order to successfully appeal. A.True B.False

The trial court assessed partial public defender fees and costs. After sentencing, the trial court enters an order allowing your client to proceed in forma pauperis on appeal and finds that she is a “poor person” under KRS The Kentucky Supreme Court : A.Vacated the fees, finding that a person cannot be both poor and able to pay costs B.Upheld the impositions of costs and public defender fees, reasoning that the trial court erroneously found the defendant to be poor after specifically finding he could pay fees and costs C.Held that the defendant had waived the issue when he failed to object to the imposition of fees and costs.

Your client was assessed court costs and now he is back before the court because he cannot pay. According to the law, the court will: A.Hold a hearing to determine their ability to pay and set a schedule to revisit the issue in the future B.Vacate the court costs since your client was indigent at the trial level and it was unreasonable to order them in the first place C.Send your client to jail for contempt

An indigent defendant may in a plea agreement accept a fine and nullify the protection of KRS (4) A.True B.False

Can a misdemeanor fine be assessed when client is convicted of possession of an open alcoholic beverage contained in a motor vehicle in violation of KRS 189A.530(2) and possession of drug paraphernalia? A.Yes B.No C.Just for the open beverage D.Just for the possession

A defendant who has been jailed for failure to pay fines or costs: A.Will serve a term of days to be determined by the trial court B.Will receive $50 credit per day towards payment of costs and fines C.Will receive $100 credit per day or 1/8 of $100 per each hour worked D.will not be incarcerated for failure to pay fines, since it costs the state up to $88 a day to house an inmate E. b & c

Which of the following statements is true? A.The NAPD believes that the collection of fees for DPA representation creates a conflict of interest for public defenders. B.If a person receives legal services they were not entitled to, the Public Advocate may sue the individual, or their parents/legal guardians within a 5 year period. C.When determining whether or not a person is “poor” pursuant to , the court can consider the “value of all the benefits” an inmate receives as a result of incarceration including clothing, guard protection and room and board. D.All of the above E.None of the above