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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?|
|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|
|Oklahoma||1999 OK AG 58||Open Records Act||Other applicable opinions||
1. The Oklahoma Open Records Act applies to criminal pleadings+ See more
2. Courts and District Attorneys must provie "prompt reasonable access" 3. District Attorneys must maintain confidential records
¶15 It is, therefore, the Opinion of the Attorney General that: 1. The pleadings in a criminal case, particularly the information, are "records" within the meaning of the Oklahoma Open+ See more
Records Act, 51 O.S. 24A.3 (1998). A court clerk must make such pleadings available for public inspection and copying once the district attorney has filed the pleading with the court clerk, 51 O.S. 24A.5 (1998), unless the pleading has been sealed by a court or is protected by a privilege of confidentiality, such as the confidentiality of a grand jury indictment by 22 O.S. 385, until such time as the order of the court expires or is removed and until the grand jury indictment is made public pursuant to statutory provision. A district attorney may keep information contained within the district attorney's litigation files confidential and so not disclose an information or other pleadings. See 51 O.S. 24A.12 (1991). 2. A court clerk or district attorney has no authority to withhold public records from inspection and copying. Such officers must provide "prompt, reasonable access" to the public pursuant to 51 O.S. 24A.5 (1998). This generally may include only the time required to locate and compile such public records. Id. 3. A district attorney may keep confidential records contained in the litigation files of that office. Police departments are not required to provide public access to records of the police department except as provided in Section 51 O.S. 24A.8 of the Open Records Act or pursuant to court order. Neither a district attorney nor a police department must make available for public inspection and copying a record which includes a list of all charges contained in an information. See 51 O.S. 24A.2 - 51 O.S. 24A.8 and 51 O.S. 24A.12 (1998).