What is the test to determine whether a defendant has the ability to pay all or a portion of the cost of a lawyer appointed by the court?

California, United States of America

The following excerpt is from The People v. Contreras-dominguez, B222009, No. PA064255 (Cal. App. 2010):

In pertinent part, section 987.8, subdivision (b), provides: "In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court... the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof." (Pen. Code, 987.8, subd. (b).) "[A]ny finding of ability to pay must be supported by substantial evidence. [Citations.]" (People v. Pacheco (2010) 187 Cal.App.4th 1392, 1398.)

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