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
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Below are the attorney general opinions that meet your search criteria.
8 Results
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Maryland | 79 Md. Op. Att'y Gen. 354 (1994) | Maryland-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? | No. A case-by-case standard could be used for each defendant. However, uniform eligibility requirements must be used under the Administrative Procedure Act |
In theory, the Office of the Public Defender might administer these eligibility provisions on an entirely individualized basis, through an ad hoc assessment of each applicant's financial ability. [However, i]t + See moreis our opinion that the eligibility criteria established by the Public Defenders Office must be adopted under the rulemaking procedures of the Administrative Procedure Act in order to be legally effective.
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Fines and fees |
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Maryland | Md. Const. art. IV, § 18; See, e.g., MD R ADR Rule 17-208 | Maryland-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | They have authority as granted to them by the Court of Appeals |
"Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules + See morefor court-designated individuals conducting each type of fee-for-service ADR"
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Fines and fees |
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Maryland |
Md. Const. art. IV, § 18 (granting the Court of Appeals the authority to enacts rules with the force of law); see, e.g., MD R ADR Rule 17-208 (the Court + See moreof Appeals authorizes its Chief Judge to approve fee schedules)
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Maryland-Attorney General opinion | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | Maryland's highest court can impose binding state-wide rules, including fines and fees. |
"The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other + See morecourts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals or otherwise by law. The power of courts other than the Court of Appeals to make rules of practice and procedure, or administrative rules, shall be subject to the rules and regulations adopted by the Court of Appeals or otherwise by law." "Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules for court-designated individuals conducting each type of fee-for-service ADR"
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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 + See morethe proceedings may only result in additional fines or non-incarceration penalties?
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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 + See moreit 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.
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Enforcement |
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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 + See morean agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes."
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Enforcement |
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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 + See morefor a violation of a municipal ordinance, absent a valid waiver of the defendant's Article VI, section 14 right."
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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 + See moreexists by virtue of the establishment of a Court and not by largess of the legislature"
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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 + See moreeach defendant's right to counsel.
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Enforcement |