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.
6 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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Mississippi | 1981 WL 39784 (Miss.A.G.); Miss. Code Ann. § 99-19-20 (2) | Mississippi-Attorney General opinion | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? | apparently not, because judges rule on indigency on a case-by-case basis |
In the event an indigent is unable to pay his fine, a justice court judge may rely upon Section 99-19-20 of the Mississippi Code, 1972 , as amended, as an + See morealternative procedure in working with indigents.
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Ability to pay |
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Mississippi | 1996 WL 224005 (Miss.A.G.) | Mississippi-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | The court has the authority to impose "reasonable" fees for costs incurred by the court system. | In response, see the Primeaux opinion which states that Mississippi Code Annotated Section 21-23-7(11) allows a municipal court to impose reasonable costs of court which could include a service of process fee. | Fines and fees |
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Illinois |
1997 Ill. Atty. Gen. Op. 027 (Ill.A.G.), 1997 WL 824988; 1984 Ill. Atty. Gen. Op. 72 (Ill.A.G.), 1984 WL 60051; 1992 WL 469747 (Ill.A.G.); 1985 Ill. Atty. Gen. Op. 126 + See more(Ill.A.G.), 1985 WL 68980
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Illinois-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | Fines and fees |