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.
3 Results
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Idaho | Guideline 2/15/1979 | Guideline 2/15/1979 | Can a sheriff collect fees owed to him directly from criminal defendants? | No |
...we strongly question whether a defendant could be assessedthe costs of making the arrest or transporting him as a prisoner. Assessing
costs of serving subpoenas might be upheld if the defendant + See moreis not indigent.
We do not question the power of the court to collect the statutory $7 .50 under
* 3 1 -3201A ( b).
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Fines and fees |
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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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Tennessee | Town of Nolensville v. King, 151 S.W.3d 427, 433 (Tenn. 2004); TN Const. Art. 6, § 14; | case law | What authority do county or municipal courts have to set fines or fees? | The Tennessee constitution does not allow a county or municipal court to set a fine or fee greater than $50 without a trial by jury. |
"Accordingly, for the reasons stated herein, we hold that Article VI, section 14 of the Tennessee Constitution prohibits a municipal court judge from imposing fines in excess of fifty dollars + See morefor a violation of a municipal ordinance, absent a valid waiver of the defendant's Article VI, section 14 right."
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Fines and fees |