Richard Vaughan was jailed for failing to pay a fine — a fine he simply had no ability to pay because he is poor. The ACLU-NH filed an emergency petition for writ of habeas corpus and secured his release.
Defendant Heidi Brouillette is an indigent defendant charged with several offenses. Though she was initially provided a public defender, she chose to retain a private attorney for a substantially-reduced fee. During the criminal proceedings, her private attorney informed the trial court that she was going to plead not guilty by reason of insanity given her mental health conditions. Ms. Brouillette also filed a request that the State provide $2,000 in funds to secure an expert to conduct a psychological evaluation in support of her insanity defense. The trial court denied Ms. Brouillette’s request without examining whether these funds were necessary for an adequate defense. Instead, the trial court concluded that, because Ms. Brouillette is represented by a private attorney, her “ability to pay [for the expert] is presumed.” The trial court further explained: “The defendant may proceed with current counsel at her expense or, if she continues to qualify for court appointed counsel, the Public Defender’s office will be reassigned and then it can determine whether services other than counsel are warranted.”
A woman was denied the right to establish legal parentage to a child she conceived, parented, and co-parented with her ex-partner simply because her ex-partner was also a woman and the NH law for establishing parentage was not explicitly gender neutral. Her case was appealed to the NH Supreme Court.
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