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|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||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)
|Wisconsin||1995 WL 264119 (Wis.A.G.)||Forfeitures||What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines?||Unclear with regard to fines and fees, but uniformity regarding the recovery of forfeitures.||
Section 799.01 provides in part: (b) Forfeitures. Actions to recover forfeitures except as a different procedure is prescribed in chs. 23, 66, 345 and 778, or elsewhere, and such different procedures+ See more
shall apply equally to the state, a county or a municipality regardless of any limitation contained therein.