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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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Arizona Ariz. Op. Att'y Gen. No. I95-18 (Dec. 18, 1995) Arizona-Attorney General opinion What authority do county or municipal courts have to set fines or fees? Municipal Courts only have authority to collect the fines and fees which state statutes provide for.
"Only city councils of charter cities which are established under Ariz. Const. art. XIII, § 24 may establish fees and surcharges to be collected by city courts, if their charters
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or ordinances authorize them to do so.5 City courts are also subject to the administrative supervision of the Supreme Court. Ariz. Const. art. VI, § 3; Winter v. Coor, 144 Ariz. 56, 59, 695 P.2d 1094, 1097 (1985).Ordinary municipal corporations such as cities and towns may not, however, establish court fees and surcharges to be collected by municipal courts within their jurisdiction. Unlike charter cities, their authority derives solely from state statutes. Maricopa County v. Maricopa County Mun. Water Conservation Dist., 171 Ariz. 325, 830 P.2d 846 (App. 1991). In establishing various municipal court fees under A.R.S. § 22-404(B), the Legislature prohibited any others “[e]xcept as otherwise provided by law.” We have reviewed the statutes in Title 9 relating to the authority of non-charter cities and towns and found no statutes authorizing a city or town to set court fees and surcharges."
Fines and fees
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Rhode Island R.I.A.G. Op. No. 92-01-02 (Jan. 23, 1992) Rhode Island-Attorney General opinion What authority do county or municipal courts have to set fines or fees? They are limited by state statutes
Accordingly, it is my opinion that sheriffs, deputy sheriffs, town sheriffs and constables are required to charge the statutory rates set forth in the amendment. There is no provision allowing
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these individuals to charge either a lesser or greater rate. See also, R.I.Gen.Laws § 45–16–4.3 which requires constables to “serve or execute all writs and process ... at such fees as authorized to sheriffs and deputy sheriffs”.
Fines and fees