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2 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Indiana | 2010 Ind. Op. Att'y Gen. No. 1 (May 12, 2010) | Re: Civil Forfeitures and the Common School Fund | Other applicable opinions | Civil forfeitures are not committed to the common school funds like criminal fines and fees under the state constitution |
It is our opinion that Article 8, § 2 of the state constitution does not apply to forfeiture actions brought under Ind. Code ch. 34-24-1. Article 8 of the Indiana + See moreConstitution provides for the funding of the common school fund, part of which is derived “from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue.” Art. 8, § 2. A proceeding under Indiana's forfeiture law is civil in nature, and it is only fines and forfeitures from criminal proceedings that must be paid into the common school fund.
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Wisconsin | 1995 WL 264119 (Wis.A.G.) | Forfeitures | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | Unclear with regard to fines and fees, but uniformity regarding the recovery of forfeitures. |
Section 799.01 provides in part:
(b) Forfeitures. Actions to recover forfeitures except as a different procedure is prescribed in chs. 23, 66, 345 and 778, or elsewhere, and such different procedures + See moreshall apply equally to the state, a county or a municipality regardless of any limitation contained therein.
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