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Below are the attorney general opinions that meet your search criteria.
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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South Carolina | S.C.A.G. July 15, 1996 (informal opinion) | Setting fees | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? | Not answered as to indigency - however, municipalities cannot set their own fees not in accordance with State statutes |
it is the opinion of this Office that all fee schedules used in the various counties based upon ordinances and special statutes are unconstitutional and that the only fee schedule + See moreavailable for the services enumerated is to be found under South Carolina Code Section 27-53 (1976) [replaced by Act No. 164 of 1979]
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Fines and fees |