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3 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Kansas | Kan. Att'y Gen. Op. No. 84-25 (Mar. 20, 1984) | Criminal ProcedureCosts in Criminal CasesLiability for Costs | What authority do county or municipal courts have to set fines or fees? |
A district magistrate or municipal court judge may not assess a defendant for "room and board" costs associated with his or her confinement in a city or county jail, unless + See morethe legislature enacts a statute so providing.
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it is our opinion that there is no statutory authority whereby a district magistrate judge or municipal court judge may assess a defendant for room and board costs associated with his or her + See moreconfinement in a city or county jail. Although what has been said above is dispositive of the question raised, we are impelled to note that, where the legislature enacts a statute so providing, the state or a subdivision thereof may initiate proceedings against a prisoner for reimbursement of the expenses attributable to his or her incarceration. See 72 C.J.S., Prisons § 26(e); 139 A.L.R. 1028; McAuliffe v. Carlson, 377 F.Supp. 896, 900 (1974).
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Fines and fees |
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Oregon | OP-6203 (1988) | Oregon-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | Fines and fees must fall within the limits imposed in the state legislature's max-min scheme | It is axiomatic that state officers may administer public funds only in the manner authorized or directed by the Oregon Constitution or controlling statutes. | Fines and fees |
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Oregon | OP-6203 (1988) | Oregon-Attorney General opinion | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | The Chief Justice in particular has wide latitude in determining these rules |
The Chief Justice of the Oregon Supreme Court is the administrative head of the Judicial Department. ORS 1.002(1). ‘The Chief Justice shall exercise administrative authority and supervision over the courts + See moreof this state consistent with applicable provisions of law * * *.’ Id. Pursuant to that authority, the Chief Justice may, inter alia, ‘issue orders appropriate to that exercise.’ ORS 1.002(1)(a). Accordingly, these statutes grant to the Chief Justice the power to require judges and clerks to comply with statutes that govern the imposition, collection, and disposition of fines and penalty assessments. See also ORS 1.025 (governing duties with regard to matters relating to the administration of justice).
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Fines and fees |