Robert Yarlott is indigent. Yet, upon criminal sentencing, was expected to pay for his court fines, fees, surcharges, costs of assigned counsel, jury service and prosecution costs. Although Yarlott had been determined to be indigent, the appeal called into question this judgement of his requirement to pay on the basis of constitutionality.  In line with our work to uphold the constitution and provide equal protection under the law, the ACLU of Montana signed on as Amici to Yarlott’s appeal. The Montana Supreme Court remanded the case to the lower court for a determination of ability to pay, and refused to rule on the constitutional issues, concluding they were not properly raised in the lower court.


Jon Ellingson, Anna Conley

Date filed

June 26, 2012


Montana Supreme Court



Case number

DA 12-0014