Below are the attorney general opinions that meet your search criteria.

12 Results

Export results to Excel

State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Montana 49 Mont. Op. Att'y Gen. No. 18, 2002 WL 1009805 Montana-Attorney General opinion What authority do county or municipal courts have to set fines or fees?
The Montana Constitution and Montana law authorize amunicipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be
+ See more
paid in installments.
If the court finds some form of bail necessary, however, Mont. Code Ann. § 46-9-301, provides more specific factors for a court to consider. These factors include, among other matters
+ See more
not related to the safety of the victim and the community, that the amount shall be “not oppressive,” and that the amount shall be “considerate of the financial ability of the accused.” Id., §§ 46-9-301(4) and (6). The time-pay bail bonds system comports with these requirements.The Montana Constitution and Montana law authorize a municipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be paid in installments.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Montana 41 Mont. Op. Att'y Gen. No. 59 Montana-Attorney General opinion Other applicable opinions Cash bail for minor offenses may be increased to include applicable surcharges
In order to collect the additional $10 charge required by section 46-18-236, MCA, a court may exercise its power under section 46-9-302, MCA, and increase the bail schedule for minor
+ See more
offenses in a like amount.
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada 1987 Nev. Op. Att'y Gen. 29 (1987) Execution of sentence and fine Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? court hearing must be held to determine a criminal defendant's ability to pay, before a criminal fine may be converted to an additional term of imprisonment. under Nevada law a court hearing must be held to determine a criminal defendant's ability to pay, before a criminal fine may be converted to an additional term of imprisonment. Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada 1993 Nev. Op. Att'y Gen. 102 (1993) Fines, judgments, judges What authority do county or municipal courts have to set fines or fees? Courts may, in the exercise of their judgment, set fines and fees.
NRS 244.207, which authorizes counties to establish a collection division to collect fees and monetary sanctions imposed by courts that are ultimately owed to the county when collected, does not
+ See more
violate Nevada's separation of powers provision. Although all collection efforts can be deferred by the courts, the legislative intent underlying NRS 244.207(1)(f) is to not impede collection efforts pending court rulings at any level. There is nothing in this statutory provision which impedes the courts in the exercise of their inherent judicial power to enforce their judgments and orders. Therefore, NRS 244.207 is constitutional.
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada 1987 Nev. Op. Att'y Gen. 29 (1987) Criminal law - execution of sentence of imprisonment and fine Other applicable opinions
District Attorney may collect fines and fees when he prosecuted the case, attorney general may collect fines and fees when the attorney general's office prosecuted the case, and the Department
+ See more
of Prisons may only colelct fines and fees only when specifically granted the authority to do so by law.
Nevada statutes presently provide two methods for enforcement and collection of a criminal fine. See Nev.Rev.Stat. §§ 176.065 and 176.275. In both cases, the district attorney has authority to proceed
+ See more
to collect the fine on a criminal judgment where the district attorney has been the prosecutor. On the other hand, there is no clear authority in the office of the attorney general to undertake any action to collect the fines which have been imposed in criminal cases prosecuted by a district attorney. The attorney general would have authority to take action to enforce fines in cases prosecuted by the attorney general. See Nev.Rev.Stat. § 228.125. Similarly, the Department of Prisons has no specific authority to collect fines through deductions from wages or other property of offenders, or to institute any action against an offender to obtain the payment of a fine. The department is given specific authority to collect only certain debts owed by inmates, such as restitution or family support. See Nev.Rev.Stat. § 209.346 and 209.4811-209.4843; 209.352. Criminal fines are not included as a debt which may be collected by the Department of Prisons. This specific grant of authority to collect only certain debts implies a lack of authority to collect others. See Galloway v. Truesdell, 83 Nev. 13, 26, 422 P.2d 237 (1967). .
Revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada 1984 Nev. Op. Att'y Gen. 35 (1984) Constitutional law - evidence-criminal procedure Only nonindigent persons may be the subject of recoupment measures
Where the legislature provides an express statutory system for recoupment of litigation costs from a convicted defendant the courts will generally enforce these provisions despite constitutional challenges. An implicit condition
+ See more
for the imposition of costs upon the convicted offender is that only nonindigent persons can be the subject of recoupment measures. These statutes do not have a chilling effect on the exercise of other constitutional rights under the fifth and sixth amendments.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Nevada 1987 Nev. Op. Att'y Gen. 29 (1987) Criminal law - execution of sentence of imprisonment and fine
District Attorney may collect fines and fees when he prosecuted the case, attorney general may collect fines and fees when the attorney general's office prosecuted the case, and the Department
+ See more
of Prisons may only collect fines and fees only when specifically granted the authority to do so by law.
Nevada statutes presently provide two methods for enforcement and collection of a criminal fine. See Nev.Rev.Stat. §§ 176.065 and 176.275. In both cases, the district attorney has authority to proceed
+ See more
to collect the fine on a criminal judgment where the district attorney has been the prosecutor. On the other hand, there is no clear authority in the office of the attorney general to undertake any action to collect the fines which have been imposed in criminal cases prosecuted by a district attorney. The attorney general would have authority to take action to enforce fines in cases prosecuted by the attorney general. See Nev.Rev.Stat. § 228.125. Similarly, the Department of Prisons has no specific authority to collect fines through deductions from wages or other property of offenders, or to institute any action against an offender to obtain the payment of a fine. The department is given specific authority to collect only certain debts owed by inmates, such as restitution or family support. See Nev.Rev.Stat. § 209.346 and 209.4811-209.4843; 209.352. Criminal fines are not included as a debt which may be collected by the Department of Prisons. This specific grant of authority to collect only certain debts implies a lack of authority to collect others. See Galloway v. Truesdell, 83 Nev. 13, 26, 422 P.2d 237 (1967). .
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Oregon OP-6203 (1988) Oregon-Attorney General opinion What authority do county or municipal courts have to set fines or fees? Fines and fees must fall within the limits imposed in the state legislature's max-min scheme It is axiomatic that state officers may administer public funds only in the manner authorized or directed by the Oregon Constitution or controlling statutes. Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Oregon OP-6203 (1988) Oregon-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? The Chief Justice in particular has wide latitude in determining these rules
The Chief Justice of the Oregon Supreme Court is the administrative head of the Judicial Department. ORS 1.002(1). ‘The Chief Justice shall exercise administrative authority and supervision over the courts
+ See more
of this state consistent with applicable provisions of law * * *.’ Id. Pursuant to that authority, the Chief Justice may, inter alia, ‘issue orders appropriate to that exercise.’ ORS 1.002(1)(a). Accordingly, these statutes grant to the Chief Justice the power to require judges and clerks to comply with statutes that govern the imposition, collection, and disposition of fines and penalty assessments. See also ORS 1.025 (governing duties with regard to matters relating to the administration of justice).
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Normal G. Angus, Informal Opinion No. 87-06, 1987 WL 272559, at *2-3 (July 15, 1987) Informal Opinion No. 87-06
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?
Unclear. Bail forfeiture proceedings do not provide the same safeguards. I am unsure if this can be extrapolated to collection proceedings.
Bail forfeiture actions are civil in nature; criminal procedure safeguards are not implicated….In comparing the two approaches to nonappearance—bail forfeiture versus contempt—it becomes readily apparent that the contempt process presents
+ See more
fewer obstacles of statutory construction and would be procedurally easier to effectuate.
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Ms. Faye Price, Informal Opinion No. 79-51, 1979 WL 32606, at *1 (Feb. 15, 1979) Informal Opinion No. 79-51, Does allowing different municipalities to set their own indigence standards or fines/fees violate the equal protection afforded by the state’s constitution?
Possibly. Ability to pay should be consistently applied in reference to statute that requires parents and guardians to pay for the cost and maintenance of State Training School residents. Therefore,
+ See more
it is possible that determining ability to pay when assessing criminal justice debt presents same constitutional issues.
there could be constitutional difficulties arise from the manner in which it is applied if great care is not taken to insure that the determination of financial responsibility is made
+ See more
on a strictly consistent and rational basis.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Utah Ronald W. Thompson, Informal Opinion No. 77-150, 1978 WL 25972, at *1 (Feb. 7, 1978) Informal Opinion No. 77-150 see above see above
There is no requirement in the statute that there be a judicial determination of indigence, and it does not appear that a county could properly limit its payments to persons
+ See more
who have been judicially determined indigent.
Ability to pay