James v. Strange
Supreme Court of the United States
James, Judicial Administrator, et al. v. Strange
Appeal from the United States District Court for the District of Kansas
No. 71-11. Argued: March 22, 1972 --- Decided: June 12, 1972
Kansas recoupment statute enabling State to recover in subsequent civil proceedings legal defense fees for indigent defendants, invalidated by District Court as an infringement on the right to counsel, held to violate the Equal Protection Clause in that, by virtue of the statute, indigent defendants are deprived of the array of protective exemptions Kansas has erected for other civil judgment debtors. Pp. 129-142.
323 F. Supp. 1230, affirmed.
POWELL, J., delivered the opinion for a unanimous Court.
Edward G. Collister, Jr., Assistant Attorney General of Kansas, argued the cause for appellants. With him on the brief were Vern Miller, Attorney General, and Matthew J. Dowd, Assistant Attorney General.
John E. Wilkinson argued the cause and filed a brief for appellee.
Marshall J. Hartman filed a brief for the National Legal Aid and Defender Association as amicus curiae.