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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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Arizona | 1989 Ariz. Op. Att'y Gen. 134 (1989) | Arizona-Attorney General opinion | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | The Arizona Constitution grants the Supreme Court the right to impose binding state-wide rules for procedural matters related to fines and fees. |
"The Arizona Supreme Court's rulemaking power is derived from Ariz. Const. art. VI, § 5 which gives the supreme court the “[p]ower to make rules relative to all procedural matters + See morein any court.” "
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Enforcement |
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Florida | AGO 99-03 | Municipality, contract with collection agency | Which fines and/or fees may be collected by a private vendor? | Liens (at least) | A municipality may enter into an agreement with a collection agency to compromise code enforcement board liens and pursue collection through litigation. | Enforcement |
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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 |