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Below are the attorney general opinions that meet your search criteria.
14 Results
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 + See moreDefense Board)
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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, + See moreyou 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.
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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 + See morecosts against a defendant on conviction. See C. J. S. Costs Section 435, 437.
Op. Att'y Gen. No. 83-183 (June 17, 1983)
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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 + See moremay, 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.
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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 + See moreet 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).
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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 + See moreused 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.
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Fines and fees | |
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Mississippi | 1981 WL 39784 (Miss.A.G.); Miss. Code Ann. § 99-19-20 (2) | Mississippi-Attorney General opinion | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? | apparently not, because judges rule on indigency on a case-by-case basis |
In the event an indigent is unable to pay his fine, a justice court judge may rely upon Section 99-19-20 of the Mississippi Code, 1972 , as amended, as an + See morealternative procedure in working with indigents.
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Ability to pay |
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Mississippi | 1994 WL 497828 (Miss.A.G.) | Mississippi-Attorney General opinion | Which fines and/or fees may be collected by a private vendor? | Any kind of fine or fee, at least for municipalities. |
Section 21-17-l, Mississippi Code of 1972, as amended, provides that a “. . .municipality may contract with a private attorney or privatecollection agent or agency to collect any type of delinquent payment owed to the municipality including, but + See morenot limited to, past due feesand fines.”
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Enforcement |
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Mississippi | 1996 WL 224005 (Miss.A.G.) | Mississippi-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | The court has the authority to impose "reasonable" fees for costs incurred by the court system. | In response, see the Primeaux opinion which states that Mississippi Code Annotated Section 21-23-7(11) allows a municipal court to impose reasonable costs of court which could include a service of process fee. | Fines and fees |
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Mississippi | 1996 WL 369442 (Miss.A.G.) | Mississippi-Attorney General opinion | Other applicable opinions | Court costs that are statutorily mandated must be collected from defendant by the country clerk, whether a judge decides to impose them or not. |
In response, we direct your attention to Mississippi Code Annotated Section 99-19-73 (Supp. 1995), which sets forth the standard state monetary assessments for criminal violations. Specifically, subsection (7) states:
If a + See morefine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
Based on the above quoted statute, the state assessment court costs are collected by the clerk of the court regardless of whether the judge imposes them or not. There are several statutorily imposed fees or costs which are to be collected regardless of whether the judge imposes them or not, e.g. Mississippi Code Annotated Section 19-7-31 allows the boards of supervisors to impose a court cost for the support of a public county law library in their respective counties. This court cost is automatically assessed regardless of whether the judge imposes it or not. Also, upon conviction for writing a bad check, Section 97-19-67(4) directs the court to impose a fee in the amount of up to 85% of the face value of a bad check in addition to any other fine, fee, cost or penalty imposed by the judge. Section 37-26-9(4) imposes a supplemental court education and training cost in all criminal cases where a fine of $10 or more is imposed by the judge.
The general rule is that if the cost is statutorily imposed, there is no need for the judge to impose the cost. However, from time to time, a court cost may be incurred in which there is no statutory imposition. In such a case it is within the judge's discretion to impose such a court cost on the defendant.
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Enforcement |
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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?
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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.
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Enforcement |
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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]
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Fines and fees |
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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.
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Enforcement |
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South Carolina | 1987 S.C. Op. Att'y Gen. 255 (1987) | Bearden | Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? | Not answered - however, cannot implement a surcharge if defendant fails to pay fee |
In the circumstances where an indigent fails to comply with the schedule of payments established by the court and the court determines that the indigent has wilfully refused to pay + See moreor failed to make bona fide efforts to pay, the court is authorized to imprison the defendant for contempt. As provided in Section 17–25–350, where part of the fine has been paid, the imprisonment cannot exceed the remaining pro rata portion of the sentence. I am unaware of any basis for a court to impose a fine in addition to the sentence originally imposed.
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Ability to pay |
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South Carolina | 1978 S.C. Op. Att'y Gen. 140 (1978) | South Carolina-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | By implication, they may set fees at least as far as reimbursement for public defense |
Since the Defense of Indigents Act, supra, does not prohibit the municipal court from ordering reimbursement as a condition of suspended sentences and since such orders are not generally unconstitutional + See moreor improper, it is the opinion of this Office that certain municipal courts may order as a condition of a suspended sentence, a convicted indigent defendant to reimburse the Judicial Department for the costs of his representation by a public defender, pursuant to Section 17–3–40 of the Code of Laws.
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