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10 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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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 morevillage 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.
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"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 morebe 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."
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Revenue flow |
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Montana | 49 Mont. Op. Att'y Gen. No. 18, 2002 WL 1009805 | Montana-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? |
The Montana Constitution and Montana law authorize amunicipal court judge to release a defendant on a time-pay
bail bond, defined as a bond in an amount set by the judge
to be + See morepaid in installments.
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If the court finds some form of bail necessary, however, Mont. Code Ann. § 46-9-301, provides more specific factors for a court to consider. These factors include, among other matters + See morenot related to the safety of the victim and the community, that the amount shall be not oppressive, and that the amount shall be
considerate of the financial ability of the accused. Id., §§ 46-9-301(4) and (6). The time-pay bail bonds system comports with these requirements.The Montana Constitution and Montana law authorize a municipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be paid in installments.
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Ability to pay |
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Montana | 41 Mont. Op. Att'y Gen. No. 59 | Montana-Attorney General opinion | Other applicable opinions | Cash bail for minor offenses may be increased to include applicable surcharges |
In order to collect the additional $10 charge required by section 46-18-236, MCA, a court may exercise its power under section 46-9-302, MCA, and increase the bail schedule for minor + See moreoffenses in a like amount.
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Enforcement |
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Texas |
Tex. Att'y Gen Opinion Op. No. JM-10 (1983),"""Inability to pay fees is an affirmative defense to the failure to pay them.""",ability to pay,,transparencyShould ability to pay be considered when imposing + See morefines or fees or only when collecting fines or fees?,,,,,,fines
What authority do county or municipal courts have to set fines or fees?,Municipal courts have authority to sets fines and fees so long as they do not exceed the maximum fine or fee permitted by the relevant statute. ,Tex. Att'y Gen. Op. GA-0593 (2008)
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court may impose . . . an increase in the defendant's fine, up to a total fine that does not exceed the maximum fine for the offense for which the + See moredefendant was sentenced
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Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | Burden of proof is on the defendant by preponderance of the evidence. But see Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) | fines and fees | |
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Texas |
Tex. Att'y Gen. Op. JM-176 (1984),"""Proceedings in contempt cases should proceed as near as practical to criminal cases.""",ability to pay,,enforcementDoes allowing different municipalities to set their own indigency standards or + See morefines/fees violate the equal protection afforded by the state’s constitution? ,"Possibly. In Texas, a law that fixes a greater punishment in one county than another is violative of Equal Protection, so a law allowing for different levels of protection or different penalty fines may also violate Equal Protection. ",Tex. Att'y Gen. Op. DM-123 (1992); Tex. Att'y Gen. Op. JM-1120 (1989),"""costs imposed in misdemeanor cases involving state criminal statutes must be uniform statewide . . . a law that fixes a greater punishment in one county than in other counties for the violation of a state law cannot be upheld and is in contravention of constitutional inhibitions, both State and Federal""; ""Assessment of a minimum $50 fine in every Class C misdemeanor hot check case in order to defray the cost of an additional employee would result in the penalty for a state defined crime to be different in Jim Wells County than it is in other counties and would violate both due process and equal protection constitutional rights.""",fines and fees,,ability to pay
Which fines and/or fees may be collected by a private vendor? ,Any fines or fees ordered to be paid by a court,Tex. Att'y Gen. Op. JC-0516 (2002)
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The debts that may be collected [are] those which have been ordered to be paid by a court. |
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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Contempt case require the same or as near as practicable due process protections as criminal cases. | revenue flow | |
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Texas | Tex. Att'y Gen. Op. JC-0516 (2002) | "The debts that may be collected [are] those which have been ordered to be paid by a court." | Which fines and/or fees may be collected by a private vendor? | Any fines or fees ordered to be paid by a court | revenue flow | |
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Texas | Tex. Att'y Gen Opinion Op. No. JM-10 (1983) | "Inability to pay fees is an affirmative defense to the failure to pay them." | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | Burden of proof is on the defendant by preponderance of the evidence. But see Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) | ability to pay | |
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Utah | Normal G. Angus, Informal Opinion No. 87-06, 1987 WL 272559, at *2-3 (July 15, 1987) | Informal Opinion No. 87-06 |
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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Unclear. Bail forfeiture proceedings do not provide the same safeguards. I am unsure if this can be extrapolated to collection proceedings. |
Bail forfeiture actions are civil in nature; criminal procedure safeguards are not implicated
.In comparing the two approaches to nonappearancebail forfeiture versus contemptit becomes readily apparent that the contempt process presents + See morefewer obstacles of statutory construction and would be procedurally easier to effectuate.
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Enforcement |
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Utah | Ms. Faye Price, Informal Opinion No. 79-51, 1979 WL 32606, at *1 (Feb. 15, 1979) | Informal Opinion No. 79-51, | Does allowing different municipalities to set their own indigence standards or fines/fees violate the equal protection afforded by the states constitution? |
Possibly. Ability to pay should be consistently applied in reference to statute that requires parents and guardians to pay for the cost and maintenance of State Training School residents. Therefore, + See moreit is possible that determining ability to pay when assessing criminal justice debt presents same constitutional issues.
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there could be constitutional difficulties arise from the manner in which it is applied if great care is not taken to insure that the determination of financial responsibility is made + See moreon a strictly consistent and rational basis.
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Ability to pay |
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Utah | Ronald W. Thompson, Informal Opinion No. 77-150, 1978 WL 25972, at *1 (Feb. 7, 1978) | Informal Opinion No. 77-150 | see above | see above |
There is no requirement in the statute that there be a judicial determination of indigence, and it does not appear that a county could properly limit its payments to persons + See morewho have been judicially determined indigent.
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Ability to pay |