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Below are the attorney general opinions that meet your search criteria.
|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|New York||2004 N.Y. Op. Atty. Gen. No. 14 (N.Y.A.G.), 2004 WL 3007300||New York-Attorney General opinion||What authority do county or municipal courts have to set fines or fees?||
A village may impose both civil and criminal penalties for violations of local zoning laws, although criminal penalties must be consistent with the designation and classification of offenses under the Penal Law. A+ See more
village may provide for increased penalties for subsequent convictions, but may not designate any such offense as a felony. The disgorgement of profits upon conviction of a zoning violation may be obtained through an alternate sentence under the Penal Law, or through enactment of a carefully crafted civil forfeiture law.
"In sum, we conclude that the Village is authorized under its home rule powers to provide for both civil and criminal penalties for violation of local zoning laws, but that criminal penalties must+ See more
be consistent with the designation and classification of offenses under the Penal Law. We further conclude that the Village may provide for increased penalties for subsequent convictions under its zoning code, but may not designate any such offense as a felony. Finally, we are of the opinion that disgorgement of profits upon conviction of a zoning violation may be obtained through the use of an alternate sentence as authorized by the Penal Law, or through enactment of a carefully crafted civil forfeiture law."
|New Mexico||State v. Mabry, 630 P.2d 269, 273 (N.M. 1981)||
"[T]he scope of our review is here limited to whether the Legislature had the power to enact these statutes. It has long been recognized in this state that it is+ See more
solely within the province of the Legislature to establish penalties for criminal behavior."
|Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law?||Courts can seemingly impose or enforce any court debt that is permitted by the legislature||revenue flow|