In State ex rel. Brundage v. Eide, 83 Wn.2d 676, 521 P.2d 706 (Wash. 1974), the Washington Supreme Court argued that such a recoupment law unconstitutionally impaired the defendant's 6th Amendment right to counsel. The court held that "a person cannot be influenced to surrender a constitutional right by imposing a penalty on its use." Brundage, 521 P.2d at 708.