Ex Parte Mirlo Luana Gonzales, Applicant

Summary

The Court granted the applicant's writ of habeas corpus, holding that a contempt conviction that imposes incarceration for failure to pay court-ordered fees is void unless the trial court first considers the defendant's ability to pay, and that a contemnor must be informed of the right to counsel and, if indigent, the right to appointed counsel. The Court found the trial judge failed to provide such notice, rendering the contempt order unlawful. Two separate opinions concur in part and dissent in part, with Judge Baird dissenting on the recoupment issue and Judge Keller dissenting on the basis for relief.