Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Attorney General Opinions
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Below are the attorney general opinions that meet your search criteria.
3 Results
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Virginia | 2000 Va. Op. Att'y. Gen. (2000) | Costs and fines dischargeable in bankruptcy | Other applicable opinions |
"Criminal costs, which may or may not be contingent upon sentence but are associated with conviction, and traffic fines are nondischargeable in Chapter 7 bankruptcy proceedings. Debt for restitution or + See morecriminal fine included in criminal sentence is nondischargeable in Chapter 13 bankruptcy; criminal fines not contingent upon sentence, traffic fines arising from traffic infractions, and civil traffic fines are dischargeable in Chapter 13 bankruptcies."
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Enforcement | |
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New Mexico | State v. Mabry, 630 P.2d 269, 273 (N.M. 1981) |
"[T]he scope of our review is here limited to whether the Legislature had the power to enact these statutes. It has long been recognized in this state that it is + See moresolely within the province of the Legislature to establish penalties for criminal behavior."
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Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? | Courts can seemingly impose or enforce any court debt that is permitted by the legislature | revenue flow | |
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Rhode Island | R.I.A.G. Op. No. 92-01-02 (Jan. 23, 1992) | Rhode Island-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | They are limited by state statutes |
Accordingly, it is my opinion that sheriffs, deputy sheriffs, town sheriffs and constables are required to charge the statutory rates set forth in the amendment. There is no provision allowing + See morethese individuals to charge either a lesser or greater rate. See also, R.I.Gen.Laws § 45164.3 which requires constables to serve or execute all writs and process ... at such fees as authorized to sheriffs and deputy sheriffs.
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Fines and fees |