Summary
The North Dakota Supreme Court affirmed an amended criminal judgment and restitution order requiring Melinda Ann Strom to pay $690,910.67. The court held that the North Dakota Constitution’s guarantee of a crime victim’s right to full and timely restitution implicitly repealed conflicting portions of the restitution statute that limited restitution based on the defendant’s ability to pay. The court clarified that ability to pay may still be considered when determining the timing or manner of payment or whether nonpayment is willful.
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Practice areas
Questions Presented
- Whether article I, section 25(1)(n) of the North Dakota Constitution, which gives crime victims a right to full and timely restitution for all losses, conflicts with and supersedes the portions of N.D.C.C. § 12.1-32-08(1) requiring consideration of a defendant's ability to pay when determining the total amount of restitution.
- Whether the district court abused its discretion by fixing restitution at the victim's full loss without reducing the amount based on Strom's ability to pay.
Holdings
- Article I, section 25(1)(n) of the North Dakota Constitution implicitly repeals and renders inoperative the portions of N.D.C.C. § 12.1-32-08(1) that require a court to consider the defendant's ability to pay in setting the total amount of restitution.
- The decision does not completely preclude consideration of a defendant's ability to pay; ability to pay may remain relevant to the time or manner of payment and to whether a failure to pay is willful.
- The district court did not abuse its discretion by fixing restitution at the victim's full loss without reducing the award based on Strom's ability to pay.
Key quotations
“In short, a district court may not consider a defendant’s ability to pay in determining the amount of restitution awarded to a victim.” (¶ 9)
“We conclude the district court did not abuse its discretion in fixing the amount of restitution without regard to the defendant’s ability to pay.” (¶ 10)
Factual background
Strom pleaded guilty to misapplication of entrusted property in excess of $50,000. The district court ordered her to pay $690,910.67 in restitution after concluding that the North Dakota Constitution required full restitution regardless of her ability to pay. The restitution order was not made a condition of probation, and the court affirmed the full amount without reducing it based on Strom's ability to pay.
Procedural history
Strom pleaded guilty to misapplication of entrusted property exceeding $50,000 and received a five-year sentence, suspended for three years of supervised probation. After a restitution hearing, the Burleigh County District Court ordered restitution of $690,910.67 without reducing the award based on her ability to pay. The North Dakota Supreme Court affirmed and held that the relevant portion of the restitution statute was inoperative because it conflicted with the state constitutional right to full and timely restitution.