Several months ago, we wrote of a terrible practice in Minnesota in which indigent clients were forced to pay between $50 and $200 for a public defender. More details are here. We're glad to report that the Minnesota Supreme Court this week struck down the mandatory fees which had been passed by the Legislature.

In a unanimous ruling, the seven-justice court said the fees violate the U.S. Constitution's Sixth Amendment protections. Chief Justice Kathleen Blatz wrote that the law imposing the fees was clearly written to require their imposition. The court refused to build in discretion, as the state's lawyers requested during oral arguments.

"The co-payment statute clearly and unambiguously provides that a defendant shall pay a co-payment fee, which may be collected under the provisions of the Revenue Recapture Act. This construction does not give rise to ambiguity, much less discretion," Blatz wrote.