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4 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Ohio | no | ability to pay | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | See Case Law: Liming v. Damos, 979 N.E.2d 297 (Ohio 2012) | Fines and fees | |
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Ohio | no | Ohio-Attorney General opinion | Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? | See Case Law: State v. Meyer, 706 N.E.2d 378, 380 (1997); Ohio Rev. Code § 2947.14 | ability to pay | Fines and fees |
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Ohio | 2012 Ohio Op. Att'y Gen. No. 2012-039 (Nov. 14, 2012) | fines and fees | What authority do county or municipal courts have to set fines or fees? | County courts can use their fining power to fund various projects, programs, and services of the court |
Although a county court has authority to use a special projects fund established under R.C. 1907.24(B)(1) to finance community service programs, nothing in the Ohio Constitution, Revised Code, Ohio Rules + See moreof Criminal Procedure, or Rules of Superintendence for the Courts of Ohio directs the manner in which a county court may use moneys in a special projects fund to provide such financing. This means that the judges of a county court have the discretion and implied power to use special projects fund moneys in whatever manner is reasonably necessary to make community service programs available to persons who are convicted of, or plead guilty to, a misdemeanor.
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Fines and fees |
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Tennessee | Town of Nolensville v. King, 151 S.W.3d 427, 433 (Tenn. 2004); TN Const. Art. 6, § 14; | case law | What authority do county or municipal courts have to set fines or fees? | The Tennessee constitution does not allow a county or municipal court to set a fine or fee greater than $50 without a trial by jury. |
"Accordingly, for the reasons stated herein, we hold that Article VI, section 14 of the Tennessee Constitution prohibits a municipal court judge from imposing fines in excess of fifty dollars + See morefor a violation of a municipal ordinance, absent a valid waiver of the defendant's Article VI, section 14 right."
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Fines and fees |