HSC strikes down proof-of-compliance hearings for defendants who aren’t on probation and haven’t defaulted
State v. Fay (HSC June 17, 2024) Background. Melissa Fay crashed her car into a tree and was charged with traffic offenses in the district court. She pleaded no contest to driving under the influence of an intoxicant, driving without insurance, and the amended charge of criminal property damage in the fourth degree. She also agreed to pay restitution. Kahului Auto Sales, Inc., owned the car and made a restitution claim. The Judiciary’s Monetary Restitution Program recommended that Fay pay $6,504. The parties agreed to the amount and the district court issued an order for restitution in that amount at a rate of $50.00 per month. The district court with the Hon. Judge Lauren Akitake presiding ordered Fay to return to court in six months if the amount was not paid off. The court told Fay that the hearings would be ongoing until it was paid off. Fay objected, but the hearing was set. Fay appealed. The ICA affirmed. Fay petitioned for further review. The statutory procedure