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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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Delaware | Del. Op. Atty. Gen. 97-IB04 (Del.A.G.), 1997 WL 111291 | Town's authority to establish a mail-in center for collecting fines and fees for motor vehicle violations. | Other applicable opinions |
Under State law, for the Town to operate a voluntary assessment system, summonses issued by the Town police must be returnable to the Mayor's Court. Only the ?Courts of the + See moreJustices of the Peace may establish a mail-in fine center, ... in which case the summons may be made returnable to the applicable mail-in fine center.? 21 Del. C. Section 709(a) The statute does not authorize a municipality to establish a mail-in fine center for payment of fines for motor vehicle offenses which occur within the town.
Nor can a town avail itself of the voluntary assessment procedure unless it has an Alderman's or Mayor's Court that is ?duly established.? 21 Del. C. Section 703(d). Stated differently, there must be an actual court, to which payments for motor vehicle offenses can be remitted ?to dispose of the charge without the necessity of personally appearing in the court to which the summons is returnable.? Id. Section 709(a).
In conclusion, the Town of Elsmere is not an entity designated by statute to receive criminal history information from DELJIS. It may only operate a voluntary assessment system through a duly established Alderman's or Mayor's Court. In the absence of such a court, it may not charge, impose or collect ?court costs? or any similar fee from persons charged with motor vehicle violations within its boundaries.
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Enforcement | |
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Oregon | OP-6203 (1988) | Oregon-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | Fines and fees must fall within the limits imposed in the state legislature's max-min scheme | It is axiomatic that state officers may administer public funds only in the manner authorized or directed by the Oregon Constitution or controlling statutes. | Fines and fees |
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Oregon | OP-6203 (1988) | Oregon-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? | The Chief Justice in particular has wide latitude in determining these rules |
The Chief Justice of the Oregon Supreme Court is the administrative head of the Judicial Department. ORS 1.002(1). ‘The Chief Justice shall exercise administrative authority and supervision over the courts + See moreof this state consistent with applicable provisions of law * * *.’ Id. Pursuant to that authority, the Chief Justice may, inter alia, ‘issue orders appropriate to that exercise.’ ORS 1.002(1)(a). Accordingly, these statutes grant to the Chief Justice the power to require judges and clerks to comply with statutes that govern the imposition, collection, and disposition of fines and penalty assessments. See also ORS 1.025 (governing duties with regard to matters relating to the administration of justice).
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Fines and fees |