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State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Mississippi 1996 WL 224005 (Miss.A.G.) Mississippi-Attorney General opinion What authority do county or municipal courts have to set fines or fees? The court has the authority to impose "reasonable" fees for costs incurred by the court system. In response, see the Primeaux opinion which states that Mississippi Code Annotated Section 21-23-7(11) allows a municipal court to impose reasonable costs of court which could include a service of process fee. Fines and fees
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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
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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
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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
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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