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Below are the attorney general opinions that meet your search criteria.
|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|Maryland||83 Md. Op. Att'y Gen. 33 (1998)||Maryland-Attorney General opinion||
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if+ See more
the proceedings may only result in additional fines or non-incarceration penalties?
|The same procedural protections apply when a defendant may be incarcerated. Otherwise, they do not apply.||
In similar language, the Maryland Public Defender Act requires representation by that office “at all stages” of specified proceedings. When incarceration is sought in a civil contempt proceeding, a hearing+ See more
before a master is a critical stage of such a proceeding. Accordingly, both the right to counsel and the obligation of the Public Defender to provide representation for indigents apply.If incarceration is not sought as a remedy in a contempt proceeding, the constitutional right to counsel is not implicated.6 Nor is the Public Defender obligated to provide representation.
|Ability to pay|
|Maryland||79 Md. Op. Att'y Gen. 354 (1994)||Maryland-Attorney General opinion||Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution?||No. A case-by-case standard could be used for each defendant. However, uniform eligibility requirements must be used under the Administrative Procedure Act||
In theory, the Office of the Public Defender might administer these eligibility provisions on an entirely individualized basis, through an ad hoc assessment of each applicant's financial ability. [However, i]t+ See more
is our opinion that the eligibility criteria established by the Public Defenders Office must be adopted under the rulemaking procedures of the Administrative Procedure Act in order to be legally effective.
|Fines and fees|
|Maryland||See Md. Code Ann., State Fin. & Proc. § 3-302||Maryland-Attorney General opinion||Which fines and/or fees may be collected by a private vendor?||N/A. Maryland has a state central collection agency which collects fees.||Revenue flow|
|Maryland||86 Md. Op. Att'y Gen. 183 (2001)||Maryland-Attorney General opinion||Who has the burden of proof in an ability to pay determination? What is the standard of proof required?||No burden or standard has been established. Instead, the Court simply inquires into the reason for inability to pay the fine.||
"Thus, the Constitution places both procedural and substantive limitations on a court's power to incarcerate a criminal defendant in lieu of payment of a fine. First, the court must inquire+ See more
into the reason why the defendant has failed to pay the fine. If the failure to pay is attributable to indigency the court must also consider alternate methods of punishment. If the court ultimately decides that an additional period of incarceration is necessary to serve the interests of deterrence and punishment, the aggregate period of incarceration cannot exceed the maximum sentence for the underlying offense."
|Ability to pay|
|Maryland||Simms v. State, 501 A.2d 1338, 1342 (1986)||Maryland-Attorney General opinion||Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?||Case law says at the time of collection.||"A hearing to determine ability to pay is appropriate not at the time of the imposition of the sentence but at the time of its enforcement"||Ability to pay|
|Maryland||Md. Const. art. IV, § 18; See, e.g., MD R ADR Rule 17-208||Maryland-Attorney General opinion||What authority do county or municipal courts have to set fines or fees?||They have authority as granted to them by the Court of Appeals||
"Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules+ See more
for court-designated individuals conducting each type of fee-for-service ADR"
|Fines and fees|
Md. Const. art. IV, § 18 (granting the Court of Appeals the authority to enacts rules with the force of law); see, e.g., MD R ADR Rule 17-208 (the Court+ See more
of Appeals authorizes its Chief Judge to approve fee schedules)
|Maryland-Attorney General opinion||What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?||Maryland's highest court can impose binding state-wide rules, including fines and fees.||
"The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other+ See more
courts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals or otherwise by law. The power of courts other than the Court of Appeals to make rules of practice and procedure, or administrative rules, shall be subject to the rules and regulations adopted by the Court of Appeals or otherwise by law." "Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules for court-designated individuals conducting each type of fee-for-service ADR"
|Fines and fees|
|Ohio||1990 Ohio Op. Atty. Gen. No. 90-088 (Nov. 14 1990)||Fines and fees||Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution?||Indigency should be determined on a case-by-case basis, not through set standards||
A gleaning of the aforementioned authorities clearly reveals that there are no set criteria for determining whether an individual is indigent. Rather, the preferred approach is to determine indigency on+ See more
a case by case basis so as to accord attention to any and all factors tending to indicate an individual's financial condition. . . . [T]he the criteria for determining . . . whether an individual is indigent, include the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of an individual.
|Ohio||no||fines and fees||Which fines and/or fees may be collected by a private vendor?||
Neither the courts nor the State AG has considered this question. However, the Ohio Revised Code provides that both misdemeanor fines, § 2928.18(F) and felony fines, § 2928.28(G)(1), may be+ See more
collected by private vendors
|Ohio||no||ability to pay||Who has the burden of proof in an ability to pay determination? What is the standard of proof required?||See Case Law: Liming v. Damos, 979 N.E.2d 297 (Ohio 2012)||Fines and fees|
|Ohio||no||Ohio-Attorney General opinion||Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?||See Case Law: State v. Meyer, 706 N.E.2d 378, 380 (1997); Ohio Rev. Code § 2947.14||ability to pay||Fines and fees|
|Ohio||2012 Ohio Op. Att'y Gen. No. 2012-039 (Nov. 14, 2012)||fines and fees||What authority do county or municipal courts have to set fines or fees?||County courts can use their fining power to fund various projects, programs, and services of the court||
Although a county court has authority to use a special projects fund established under R.C. 1907.24(B)(1) to finance community service programs, nothing in the Ohio Constitution, Revised Code, Ohio Rules+ See more
of Criminal Procedure, or Rules of Superintendence for the Courts of Ohio directs the manner in which a county court may use moneys in a special projects fund to provide such financing. This means that the judges of a county court have the discretion and implied power to use special projects fund moneys in whatever manner is reasonably necessary to make community service programs available to persons who are convicted of, or plead guilty to, a misdemeanor.
|Fines and fees|
|Ohio||no||Fines and fees||What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?||
This has not been considered by courts or the State AG. But the Ohio Supreme Court issues "bench cards" guiding the lower courts on how to implement fines. See, e.g.,+ See more
The Supreme Court of Ohio, Office of Judicial Services, Collection of Fines and Court Costs (2014)
|Ohio||no||no||Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law?||This has not been considered to date|