Attorney Fees against Indigent Defendant Vacated
Attorney Fees against Indigent Defendant Vacated
On July 23, 2014, the Oregon Court of Appeals vacated an order imposing $400 in attorney fees against a mentally ill, homeless criminal defendant who faced deportation due to his inability to pay.
Oregon law authorizes trial courts to order criminal defendants to pay court-appointed attorney fees and other costs. However, “there must be evidence that the defendant ‘is or may be able to pay’ the fees and costs.” The State bears the burden of proving ability to pay, and fees may not be imposed “on pure speculation that a defendant has funds to pay the fees or may acquire them in the future.”
Fernando Ramirez-Hernandez was convicted of an Oregon trespassing offense and ordered to pay $400 in court-appointed attorney fees.
Although Ramirez-Hernandez did not object when the fees were imposed, he argued on appeal that the court should reverse them, as “plain error” that is “apparent on the face of the record” because the trial court did not determine that he had the ability to pay or would have that ability in the future.
Ramirez-Hernandez noted “that the only evidence in the record of his financial situation is that he was homeless at the time of his arrest, has an unspecified ‘mental illness,’ and has a ‘severe problem with alcohol dependency.’” He also noted that at the time of his sentencing, he “had spent 60 days in jail and the court anticipated that he would continue to be detained on an existing immigration hold that could result in his deportation.”
The Court of Appeals first rejected the State’s argument that “there was evidence in the record that defendant ‘is or may be able to pay the costs’” because the argument “relies on speculation.”
“The argument that, with court-ordered alcohol and mental health treatment, defendant would be employable in the future, fails to account for the facts that defendant is homeless, mentally ill, and on an immigration hold with the likelihood of being deported,” the Court found. “Particularly in light of the lack of any post-arrest evidence of defendant’s ability to earn money to pay the attorney fee award,” the Court agreed with Ramirez-Hernandez “that the trial court plainly erred in imposing attorney fees.”
The Court then exercised its discretion to correct the error. “Here, the error is grave; although $400 may not be a substantial amount to pay for some defendants, it is for this defendant,” the Court concluded. “He is homeless, mentally ill, and on an indefinite immigration hold that will likely result in deportation.” See: State v. Ramirez-Hernandez, 264 Ore. App. 346 (Or. Ct. App. 2014).
Related legal case
State v. Ramirez-Hernandez
| Year | 2014 |
|---|---|
| Cite | 264 Ore. App. 346 (Or. Ct. App. 2014) |
| Level | State Court of Appeals |