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22 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Ohio | 1990 Ohio Op. Atty. Gen. No. 90-088 (Nov. 14 1990) | Fines and fees | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? | Indigency should be determined on a case-by-case basis, not through set standards |
A gleaning of the aforementioned authorities clearly reveals that there are no set criteria for determining whether an individual is indigent. Rather, the preferred approach is to determine indigency on + See morea case by case basis so as to accord attention to any and all factors tending to indicate an individual's financial condition. . . . [T]he the criteria for determining . . . whether an individual is indigent, include the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of an individual.
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Revenue flow |
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Ohio | no | fines and fees | Which fines and/or fees may be collected by a private vendor? |
Neither the courts nor the State AG has considered this question. However, the Ohio Revised Code provides that both misdemeanor fines, § 2928.18(F) and felony fines, § 2928.28(G)(1), may be + See morecollected by private vendors
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Transparency | |
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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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Ohio | no | Fines and fees | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? |
This has not been considered by courts or the State AG. But the Ohio Supreme Court issues "bench cards" guiding the lower courts on how to implement fines. See, e.g., + See moreThe Supreme Court of Ohio, Office of Judicial Services, Collection of Fines and Court Costs (2014)
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Revenue flow | |
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Ohio | no | no | Under what circumstances does a conflict of interest in the imposition or enforcement of court debt violate state law? | This has not been considered to date | ||
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South Carolina | S.C.A.G. Oct. 8, 2012 (informal opinion) | Civil contempt |
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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No - the rationale for punishment based on contempt proceedings rather than criminal proceedings is different |
The principal purpose of criminal contempt is punishment. In civil contempt, however, the contemnors "carry the keys of prison in their own pockets" as the contempt serves to secure "compliance + See morewith judicial decrees." 287 S.E.2d at 919. The Court concluded that "[t]he conditional nature of the imprisonment, based entirely upon appellant's refusal to pay respondent's expenses, justified the civil contempt proceeding without a jury trial.
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Enforcement |
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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 |
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South Carolina | Robert L. McCrudy, S.C.A.G. Dec. 14, 1999 (informal opinion) | Collection by private vendor | Which fines and/or fees may be collected by a private vendor? | Collection of criminal fines and fees are the job of the magistrate |
With respect to the physical collection and handling ofpublic monies such as fines, restitution, etc. such should be done exclusively by the court and its officers rather than by the + See morecompany, in the absence of legislative authorization therefore.
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Enforcement |
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South Carolina | 1987 S.C. Op. Att'y Gen. 255 (1987) | Bearden | Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? | Not answered - however, cannot implement a surcharge if defendant fails to pay fee |
In the circumstances where an indigent fails to comply with the schedule of payments established by the court and the court determines that the indigent has wilfully refused to pay + See moreor failed to make bona fide efforts to pay, the court is authorized to imprison the defendant for contempt. As provided in Section 17–25–350, where part of the fine has been paid, the imprisonment cannot exceed the remaining pro rata portion of the sentence. I am unaware of any basis for a court to impose a fine in addition to the sentence originally imposed.
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Ability to pay |
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South Carolina | 1978 S.C. Op. Att'y Gen. 140 (1978) | South Carolina-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | By implication, they may set fees at least as far as reimbursement for public defense |
Since the Defense of Indigents Act, supra, does not prohibit the municipal court from ordering reimbursement as a condition of suspended sentences and since such orders are not generally unconstitutional + See moreor improper, it is the opinion of this Office that certain municipal courts may order as a condition of a suspended sentence, a convicted indigent defendant to reimburse the Judicial Department for the costs of his representation by a public defender, pursuant to Section 17–3–40 of the Code of Laws.
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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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Florida | AGO 2008-47 | Courts, funds to renovate courthouse tower/café | Other applicable opinions |
the tower of the Sarasota County Courthouse as an integral structural component of the courthouse facility may be renovated using funds derived from section 318.18(13), Florida Statutes. Moreover, where the + See morecounty has made the decision to include a café in the county courthouse facility for use by court personnel and the general public, revenue collected pursuant to section 318.18(13), Florida Statutes, to fund court facilities may be used for the renovation of such space.
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Revenue flow | |
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Florida | AGO 2008-46 | Counties -- Court Costs | Other applicable opinions |
Accordingly, it is my opinion that revenues generated by section 939.185, Florida Statutes, may be used to fund an alternative sanctions coordinator position created pursuant to sections 984.09 and 985.037, + See moreFlorida Statutes. Moreover, it is ultimately within the countyâs discretion whether to fund a "local requirement" designated by the chief judge of the circuit.
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Revenue flow | |
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Florida | AGO 2007-52 | Clerks of Court, debts referred to collection agent | Other applicable opinions |
In light of the language of sections 28.246 and 28.35, Florida Statutes, it is my opinion that the clerk of court is not authorized to charge a fee to the + See morecollection agent or attorney for support services provided by the clerk when an unpaid amount owed to the clerk is referred to an agent for collection. Rather, any administrative support costs incurred by the clerk after referring unpaid fines and fees for collection should most appropriately be paid from "filing fees, service charges, court costs, and fines" as provided in section 28.35(4)(a), Florida Statutes.
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Revenue flow | |
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Florida | AGO 2002-61 | Additional $2 cost for criminal justice education | Other applicable opinions |
Thus, this office concluded that the additional costs collected under section 943.25(13), Florida Statutes (1993), could only be used for courses that relate directly to criminal justice education and training + See morecourses and may not be used to fund general education for law enforcement officers, except in those instances where completion of general education courses is a requirement for successful completion of a criminal justice degree program.
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Fines and fees | |
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Florida | AGO 2002-10 | Local governments' assessment of court costs | Other applicable opinions |
Accordingly, it is my opinion that the assessment authorized in section 938.15, Florida Statutes, is payable to the county or municipality by an individual who has been convicted of a + See moreviolation of the respective county or municipal ordinance and the court has included payment of the assessment in its order.
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Fines and fees | |
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Florida | AGO 2001-40 | Teen court, mandatory court cost assessment | Other applicable opinions |
In sum:
1. Section 938.19, Florida Statutes, does not authorize the county to choose the offenses for which the $3 assessment authorized by section 938.19, Florida Statutes, may be imposed; rather, + See morethe statute specifies those offenses for which the assessment will be imposed.
2. Section 938.19, Florida Statutes, requires that funds received from the $3 assessment be deposited into an account specifically for the operation and administration of the teen court and does not authorize application of the funds to other programs or to the county's general revenue fund.
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Fines and fees | |
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Florida | AGO 96-38 | Clerks, collection of costs for crimes compensation | Other applicable opinions |
1. The additional costs authorized in section 960.20, Florida Statutes, are assessed on a per-case, rather than a per-count, basis. Therefore, such costs may not be assessed for each count + See morefor which the person pleads guilty or nolo contendere or is convicted or adjudicated delinquent.
2. The date on which the offense occurs determines the amount of additional costs. Thus, a person who commits a crime prior to July 1, 1992, but is convicted of the crime after that date would be assessed the amount authorized by section 960.20, Florida Statutes, on the date of the offense.
3. If the offense for which probation has been revoked constitutes a felony, misdemeanor, delinquent act, or criminal traffic offense and the probationer is adjudicated guilty of this offense or pleads no contest to the charges, the additional costs may be imposed. However, if the offense for which probation is revoked results only in the imposition of a sentence that was withheld when the defendant was placed on probation, section 960.20, Florida Statutes, does not authorize the imposition of such additional costs.
4. Section 960.20, Florida Statutes, requires that the court must state on the record in detail the reasons for waiving the assessment of additional costs.
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Fines and fees |