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JAMES v. STRANGE

No. 71-11.

407 U.S. 128 (1972)

92 S.Ct. 2027

32 L.Ed.2d 600

JAMES, JUDICIAL ADMINISTRATOR, ET AL. v. STRANGE.

Supreme Court of United States.

Decided June 12, 1972.

Attorney(s) appearing for the Case

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.

MR. JUSTICE POWELL delivered the opinion of the Court.

This case presents a constitutional challenge to a Kansas recoupment statute, whereby the State may recover in subsequent civil proceedings counsel and other legal defense fees expended for the benefit of indigent defendants. The three-judge court below held the statute unconstitutional, finding it to be an impermissible burden upon the right to counsel established in Gideon

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