Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Attorney General Opinions
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Below are the attorney general opinions that meet your search criteria.
3 Results
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Virginia | 2000 Va. Op. Att'y. Gen. (2000) | Costs and fines dischargeable in bankruptcy | Other applicable opinions |
"Criminal costs, which may or may not be contingent upon sentence but are associated with conviction, and traffic fines are nondischargeable in Chapter 7 bankruptcy proceedings. Debt for restitution or + See morecriminal fine included in criminal sentence is nondischargeable in Chapter 13 bankruptcy; criminal fines not contingent upon sentence, traffic fines arising from traffic infractions, and civil traffic fines are dischargeable in Chapter 13 bankruptcies."
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Enforcement | |
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West Virginia | W. Va. Const. art. VIII, § 3 | State Constitution | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules. No on point Attorney General Opinion. |
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice + See moreand procedure, which shall have the force and effect of law.”
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Alaska | Alaska Stat. Ann. § 12.55.051(j) | Enforcement of fines and restitution | Which fines and/or fees may be collected by a private vendor? | This has not been articulated by the court or by the Attorney General. Statutory law seems to indicate that any fine or fee can be collected by a private vendor |
(j) The Department of Law may enter into contracts on behalf of the state to carry out the collection procedures of this section. The Department of Law may adopt regulations + See morenecessary to carry out the collection procedures of this section, including the reimbursement of attorney fees and costs in appropriate cases.
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