Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
Below are the attorney general opinions that meet your search criteria.
7 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
---|---|---|---|---|---|---|---|
Add to Dashboard
|
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 | |
Add to Dashboard
|
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 |
Add to Dashboard
|
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.
|
Fines and fees |
Add to Dashboard
|
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
|
Illinois-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | Fines and fees | ||
Add to Dashboard
|
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 + See morethese individuals to charge either a lesser or greater rate. See also, R.I.Gen.Laws § 45164.3 which requires constables to serve or execute all writs and process ... at such fees as authorized to sheriffs and deputy sheriffs.
|
Fines and fees |
Add to Dashboard
|
Utah | Ms. Faye Price, Informal Opinion No. 79-51, 1979 WL 32606, at *1 (Feb. 15, 1979) | Informal Opinion No. 79-51, | Does allowing different municipalities to set their own indigence standards or fines/fees violate the equal protection afforded by the states constitution? |
Possibly. Ability to pay should be consistently applied in reference to statute that requires parents and guardians to pay for the cost and maintenance of State Training School residents. Therefore, + See moreit is possible that determining ability to pay when assessing criminal justice debt presents same constitutional issues.
|
there could be constitutional difficulties arise from the manner in which it is applied if great care is not taken to insure that the determination of financial responsibility is made + See moreon a strictly consistent and rational basis.
|
Ability to pay |
Add to Dashboard
|
Utah | Ronald W. Thompson, Informal Opinion No. 77-150, 1978 WL 25972, at *1 (Feb. 7, 1978) | Informal Opinion No. 77-150 | see above | see above |
There is no requirement in the statute that there be a judicial determination of indigence, and it does not appear that a county could properly limit its payments to persons + See morewho have been judicially determined indigent.
|
Ability to pay |