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6 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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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 | |
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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 |
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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 moreof 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.
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Fines and fees |
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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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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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Kansas | Kan. Att'y Gen. Op. No. 84-25 (Mar. 20, 1984) | Criminal ProcedureCosts in Criminal CasesLiability for Costs | What authority do county or municipal courts have to set fines or fees? |
A district magistrate or municipal court judge may not assess a defendant for "room and board" costs associated with his or her confinement in a city or county jail, unless + See morethe legislature enacts a statute so providing.
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it is our opinion that there is no statutory authority whereby a district magistrate judge or municipal court judge may assess a defendant for room and board costs associated with his or her + See moreconfinement in a city or county jail. Although what has been said above is dispositive of the question raised, we are impelled to note that, where the legislature enacts a statute so providing, the state or a subdivision thereof may initiate proceedings against a prisoner for reimbursement of the expenses attributable to his or her incarceration. See 72 C.J.S., Prisons § 26(e); 139 A.L.R. 1028; McAuliffe v. Carlson, 377 F.Supp. 896, 900 (1974).
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Fines and fees |