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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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California 66 Cal. Op. Att'y Gen. 440 (1983). Personal use of fines and fees prohibited Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? Judges cannot receive fines or fees for personal use.
Article VI, section 17, of the California Constitution, provides: “A judge of a court of record may not practice law and during the term for which the judge was selected
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is ineligible for public employment or public office other than judicial employment or judicial office. A judge of the superior or municipal court may, however, become eligible for election to other public office by taking a leave of absence without pay prior to filing a declaration of candidacy. Acceptance of the public office is a resignation from the office of judge. “A judicial officer may not receive fines or fees for personal use.” 66 Cal. Op. Att'y Gen. 440 (1983).
Revenue flow
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Idaho Guideline 2/15/1979 Guideline 2/15/1979 Can a sheriff collect fees owed to him directly from criminal defendants? No
...we strongly question whether a defendant could be assessedthe costs of making the arrest or transporting him as a prisoner. Assessing costs of serving subpoenas might be upheld if the defendant
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is not indigent. We do not question the power of the court to collect the statutory $7 .50 under * 3 1 -3201A ( b).
Fines and fees