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
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
When does this apply
Below are the attorney general opinions that meet your search criteria.
5 Results
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
|---|---|---|---|---|---|---|---|
|
Add to Dashboard
|
South Carolina | S.C.A.G. Oct. 8, 2012 (informal opinion) | Civil contempt |
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 morethe proceedings may only result in additional fines or non-incarceration penalties?
|
No - the rationale for punishment based on contempt proceedings rather than criminal proceedings is different |
The principal purpose of criminal contempt is punishment. In civil contempt, however, the contemnors "carry the keys of prison in their own pockets" as the contempt serves to secure "compliance + See morewith judicial decrees." 287 S.E.2d at 919. The Court concluded that "[t]he conditional nature of the imprisonment, based entirely upon appellant's refusal to pay respondent's expenses, justified the civil contempt proceeding without a jury trial.
|
Enforcement |
|
Add to Dashboard
|
South Carolina | S.C.A.G. July 15, 1996 (informal opinion) | Setting fees | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? | Not answered as to indigency - however, municipalities cannot set their own fees not in accordance with State statutes |
it is the opinion of this Office that all fee schedules used in the various counties based upon ordinances and special statutes are unconstitutional and that the only fee schedule + See moreavailable for the services enumerated is to be found under South Carolina Code Section 27-53 (1976) [replaced by Act No. 164 of 1979]
|
Fines and fees |
|
Add to Dashboard
|
South Carolina | Robert L. McCrudy, S.C.A.G. Dec. 14, 1999 (informal opinion) | Collection by private vendor | Which fines and/or fees may be collected by a private vendor? | Collection of criminal fines and fees are the job of the magistrate |
With respect to the physical collection and handling ofpublic monies such as fines, restitution, etc. such should be done exclusively by the court and its officers rather than by the + See morecompany, in the absence of legislative authorization therefore.
|
Enforcement |
|
Add to Dashboard
|
West Virginia | W. Va. Code §8-10-1, 2; W. Va. Code § 62-4-16. | W.V. Code | What authority do county or municipal courts have to set fines or fees? |
Municipal courts have power to impose fines, penalties and cost when not otherwise provided by charter provision or general law. However, municipal judges may substitute community service in lieu of + See moresentence of incarceration or imposition of fine.
|
Fines and fees | |
|
Add to Dashboard
|
West Virginia | W. Va. Const. art. VIII, § 3 | State Constitution | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules. No on point Attorney General Opinion. |
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice + See moreand procedure, which shall have the force and effect of law.”
|
Enforcement |