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

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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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Louisiana Op. Att'y Gen. No. 97-237 (June 18, 1997) Uniform eligibility criteria for indigency standards Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Unclear, but different municipalities are required by statute to have the same standards
(d) uniform eligibility criteria for determining  indigency and the eligibility of defendants to qualify for indigent defender representation at the district and state level;(citing language from statute creating the Louisiana
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Defense Board)
Ability to pay
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Louisiana Op. Att'y Gen. No. 95-449 (Nov. 8, 1995) Collection contracts with private vendors Which fines and/or fees may be collected by a private vendor? no stated limit
You have requested our opinion as to whether it is permissible for the Sheriff, with the formal approval of the District Court, to enter into such an agreement.  If so,
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you ask whether the public bid laws apply in procuring the services of a collection agency. We have reviewed the constitutional and statutory provisions relating to the powers and duties of sheriffs and can find nothing that would prohibit the Sheriff from entering into such an agreement. Our opinion is predicated upon the concurrence to the agreement of all parties enumerated hereinabove, and a formal order of the District Court Judge authorizing the contract and the percentage and/or fee to be retained by the collection agency. As discussed, this opinion is limited to only those fines that have been previously assessed, are currently delinquent and which you have been unable to collect. While a contract for the services of a collection agency are not required to be publicly bid by the Sheriff, we recommend that you solicit several proposals to ensure the confection of a contract that is most favorable to your office.
Revenue flow
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Louisiana Op. Att'y Gen. No. 83-183 (June 17, 1983) Court's authority to impose costs Other applicable opinions
It is well settled that the recovery and allowance of costs in criminal prosecutions is dependent entirely on statutory provisions. Absent statutory authority, a court has no power to award
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costs against a defendant on conviction. See C. J. S. Costs Section 435, 437. Op. Att'y Gen. No. 83-183 (June 17, 1983)
Fines and fees
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Michigan Mich. Op. Att'y Gen. (1998) Opinion No. 6995 Michigan-Attorney General opinion Other applicable opinions
A prosecutor is not authorized by law to require a criminal defendant to pay costs as a condition for reducing or dismissing criminal charges pending against the defendant. A court
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may, however, when sentencing a convicted defendant, impose such costs as are permitted by statute, including those permissible costs agreed to between the prosecutor and the defendant as part of a plea bargain.
Criminal prosecutions are governed by the Michigan Code of Criminal Procedure (Code), 1927 PA 175, MCL 760.1 et seq; MSA 28.841 et seq. The Code, at Chapter XI, MCL 771.1
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et seq; MSA 28.1131 et seq, authorizes the imposition of costs in criminal cases. If a defendant has been found guilty, and if it appears to the satisfaction of the court that the defendant is an appropriate candidate, the court may place the defendant on probation. Section 1. As a condition of probation, the court may require the defendant to pay costs. Section 3(2)(c). Such costs, however, are limited to expenses specifically incurred in prosecuting the defendant, in providing legal assistance to the defendant, and in providing probation supervision of the defendant. Section 3(4).
Fines and fees
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Michigan Mich. Op. Att'y Gen. (2008) Opinion No. 7217 Michigan-Attorney General opinion The use of funds from criminal fines and assessments are restricted by provisions of the Michigan State Constitution.
However, the Legislature should be aware of the limitations imposed by Const 1963, art 8, § 9, which requires that fines assessed for any breach of the penal laws be
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used to support libraries. If excess revenue in the Crime Victim's Rights Fund is used for purposes other than to enforce and pay for the crime victim rights enumerated in art 1, § 24, the use could face scrutiny to determine if the assessments conflict with art 8, § 9 or other constitutional provisions. . . . Therefore, to the extent that the Legislature intends to authorize uses of the Fund to pay for the constitutionally enumerated crime victim's rights, it must consider whether each proposed use is within the language of art 1, § 24, given the principles of constitutional construction that guide the Court.
Fines and fees
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Tennessee Bradford v. Bradford, No. 86-262-II, 1986 WL 2874, at *5 (Tenn. Ct. App. Mar. 7, 1986); Daniels v. Grimac, 342 S.W.3d 511, 517 (Tenn. Ct. App. 2010) Case law
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
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the proceedings may only result in additional fines or non-incarceration penalties?
Courts have recognzied that defendants are entitled to counsel, an opportunity to be heard, and notice in civil proceedings which may result in incarceration.
“We are of the opinion that in light of Lassiter, due process mandates that an indigent defendant has the right to be represented by counsel at a contempt proceeding whether
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it be called civil or criminal if the indigent defendant faces the loss of his freedom.” “Indirect contempt arises from acts committed out of the presence of the court, and cannot be punished unless the accused has been given the due process protections of notice and an opportunity to be heard.”
Enforcement
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Tennessee Cf. Tenn. Op. Att'y Gen. No. 89-03 (Jan. 12, 1989) Imprisonment for Contempt of Non-Payment of Fines Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? Municipalities can set their own standards as long as the standards comply with constitutional and statutory protections
"The municipal charter provides that the city court may imprison a party for up to ten days for violation of city ordinances, and the city council has passed a resolution
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to this effect.It appears that the municipal provision outlined above complies with the procedures described in T.C.A. § 40–24–104, as well as constitutional safeguards, for determination of the defendant's ability to pay, thereby giving rise to an inference of willful disobedience and contempt of court where there has been a subsequent missed payment without notice of good cause to the court."
Ability to pay
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Tennessee See Tenn. Code Ann. § 40-24-105(d)(1) Collection; fines, costs and litigation taxes; license revocation Which fines and/or fees may be collected by a private vendor? Statutory law provides that all fines and fees may be collected by a private vendor when a defendant has been in default for more than six months.
"After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain
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an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes."
Enforcement
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Tennessee Tenn. Op. Att'y Gen. No. 89-104 (Aug. 17, 1989) (citing State ex rel. Wright v. Upchurch, 254 S.W.2d 748, 749 (Tenn. 1953)) Whether a Defendant Found in Willful Contempt of Court for Failure to Pay Child Support May Be Incarcerated Where He Lacks the Present Ability to Pay the Arrearage. Who has the burden of proof in an ability to pay determination? What is the standard of proof required? At least in civil contempt proceedings, the burden of proof is on the defendant.
"In any case, the inability to pay is an affirmative defense to a petition for civil contempt and the burden of proof is on the defendant to establish his inability
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to pay."
Ability to pay
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Tennessee Tenn. Code Ann. § 40-24-104; Tenn. Op. Att'y Gen. No. 89-03 (Jan. 12, 1989) Imprisonment for Contempt for Non–Payment of Fines Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? Statutory law provides that ability to pay must be considered when collecting fines, but at least some courts consider ability to pay when imposing fines and fees as well.
“If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into
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and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.” “In the instant situation, the following circumstances form the factual basis resulting in the issuance of a capias for contempt of court: When a fine is imposed, a hearing is held at the same time to determine the defendant's ability to pay. If it appears that defendant cannot pay, the case is continued for several months to see if circumstances change during that time. If the court determines that defendant is able to pay or to make payments, a payment schedule is set up. Defendant is instructed at that time to notify the court if any emergency comes up and, if so, the court will consider defendant's excuse. If defendant thereafter misses a payment and has not notified the court, then a capias is issued for his arrest for contempt of court, since there has already been a finding that that defendant is able to pay.”
Ability to pay
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Tennessee Town of Nolensville v. King, 151 S.W.3d 427, 433 (Tenn. 2004); TN Const. Art. 6, § 14; case law What authority do county or municipal courts have to set fines or fees? The Tennessee constitution does not allow a county or municipal court to set a fine or fee greater than $50 without a trial by jury.
"Accordingly, for the reasons stated herein, we hold that Article VI, section 14 of the Tennessee Constitution prohibits a municipal court judge from imposing fines in excess of fifty dollars
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for a violation of a municipal ordinance, absent a valid waiver of the defendant's Article VI, section 14 right."
Fines and fees
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Tennessee Corum v. Holston Health & Rehab. Ctr., 104 S.W.3d 451, 454 (Tenn. 2003) case law What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? The state supreme court has the power to impose rules which govern the practice and procedure of the lower courts.
"[I]t is well settled that the Tennessee Supreme Court has the inherent power to promulgate rules governing the practice and procedure of the courts of this state. This inherent power
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“exists by virtue of the establishment of a Court and not by largess of the legislature"
Enforcement
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Tennessee State v. Smith, No. C.C.A. 86-121-III, 1986 WL 10893 (Tenn. Crim. App. Oct. 3, 1986) case law Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? This has not been explicitly addressed by courts. However, in the right-to-counsel context, Tennesee generally recognizes that conflicts of interests should be avoided where they are likely to occur.
“Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect
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each defendant's right to counsel.”
Enforcement