Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
Below are the attorney general opinions that meet your search criteria.
7 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
---|---|---|---|---|---|---|---|
Add to Dashboard
|
Ohio | 1990 Ohio Op. Atty. Gen. No. 90-088 (Nov. 14 1990) | Fines and fees | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? | Indigency should be determined on a case-by-case basis, not through set standards |
A gleaning of the aforementioned authorities clearly reveals that there are no set criteria for determining whether an individual is indigent. Rather, the preferred approach is to determine indigency on + See morea case by case basis so as to accord attention to any and all factors tending to indicate an individual's financial condition. . . . [T]he the criteria for determining . . . whether an individual is indigent, include the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of an individual.
|
Revenue flow |
Add to Dashboard
|
Ohio | no | Fines and fees | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? |
This has not been considered by courts or the State AG. But the Ohio Supreme Court issues "bench cards" guiding the lower courts on how to implement fines. See, e.g., + See moreThe Supreme Court of Ohio, Office of Judicial Services, Collection of Fines and Court Costs (2014)
|
Revenue flow | |
Add to Dashboard
|
Florida | AGO 2008-47 | Courts, funds to renovate courthouse tower/café | Other applicable opinions |
the tower of the Sarasota County Courthouse as an integral structural component of the courthouse facility may be renovated using funds derived from section 318.18(13), Florida Statutes. Moreover, where the + See morecounty has made the decision to include a café in the county courthouse facility for use by court personnel and the general public, revenue collected pursuant to section 318.18(13), Florida Statutes, to fund court facilities may be used for the renovation of such space.
|
Revenue flow | |
Add to Dashboard
|
Florida | AGO 2008-46 | Counties -- Court Costs | Other applicable opinions |
Accordingly, it is my opinion that revenues generated by section 939.185, Florida Statutes, may be used to fund an alternative sanctions coordinator position created pursuant to sections 984.09 and 985.037, + See moreFlorida Statutes. Moreover, it is ultimately within the countyâs discretion whether to fund a "local requirement" designated by the chief judge of the circuit.
|
Revenue flow | |
Add to Dashboard
|
Florida | AGO 2007-52 | Clerks of Court, debts referred to collection agent | Other applicable opinions |
In light of the language of sections 28.246 and 28.35, Florida Statutes, it is my opinion that the clerk of court is not authorized to charge a fee to the + See morecollection agent or attorney for support services provided by the clerk when an unpaid amount owed to the clerk is referred to an agent for collection. Rather, any administrative support costs incurred by the clerk after referring unpaid fines and fees for collection should most appropriately be paid from "filing fees, service charges, court costs, and fines" as provided in section 28.35(4)(a), Florida Statutes.
|
Revenue flow | |
Add to Dashboard
|
Minnesota | Mr. Richard T. Jessen Minn. Op. Atty. Gen. 1025B 1981 WL 157319 | Minnesota-Attorney General opinion | Other applicable oppinions | Municipalities and towns are entitled to at least half of the funds from fines and fees collected by the county clerk |
The crucial feature in the context of this statute is that, unlike the large number of special and limited purpose government units, a municipality, or a city, is a general + See morepurpose government unit. For example, the municipality is authorized by a wide range of statutes to engage in a variety of functions, including providing police protection and protecting the public health, safety, welfare and Morals. See; Minn. Stat. chs. 410 to 472 (1980). Review of the various local government units reveals that a town is the unit most similar to a municipality. To some extent, towns also possess traditional police powers and authority to provide law enforcement services. Minn. Stat. §§ 365.15; 367.03, subd. 3 (1980). Indeed, numerous towns are given the powers and authority of a statutory city. Minn. Stat. § 368.011 (1980). We therefore conclude that while the county is entitled to one-half of all such fines or penalties, the municipality or town in which a statutory violation is committed is entitled to the other half of such funds.
|
Revenue flow |
Add to Dashboard
|
Minnesota | Mr. D. Scott Ballou Minn. Op. Atty. Gen. 1025-B 1980 WL 119583 | Minnesota-Attorney General opinion | In most circumstances, the allocation of funds collected by fines and fees is based on the geographic location of the offense that gave rise to the fine or fee, |
The manner of disposition of fines and fees is based on the geographic location of the offense giving rise to the fee or fine and not on the law enforcement + See moreagency responsible for issuing the citation. The only exceptions provided by the statute occur when the Minnesota Highway Patrol issues the citation. See Minn. Stat. § 299D.03, subd. 5 (1978), or where the fines or fees were collected prior to August 1, 1975, see Minn. Stat. § 487.33, subd. 6 (1978). However, the fines and fees referred to in Minn. Stat. § 487.33, subd. 5 (1978) are limited to certain parking fines, which must be paid over in full each month to the municipality in which the parking violation occurred, and fines and penalties collected as a result of violations of a state statute, or ordinance, charter provision, rules or regulation of a city must be equally divided on a monthly basis.
In addition, monies collected as a result of a violation of an ordinance promulgated by a town board of supervisors or board of county commissioners shall be retained by the county treasurer pursuant to the last sentence of Minn. Stat. § 487.33, subd. 5 (1978).
|
Revenue flow |