Below are the attorney general opinions that meet your search criteria.

13 Results

Export results to Excel

State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland 83 Md. Op. Att'y Gen. 33 (1998) Maryland-Attorney General opinion
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 more
the proceedings may only result in additional fines or non-incarceration penalties?
The same procedural protections apply when a defendant may be incarcerated. Otherwise, they do not apply.
In similar language, the Maryland Public Defender Act requires representation by that office “at all stages” of specified proceedings. When incarceration is sought in a civil contempt proceeding, a hearing
+ See more
before a master is a critical stage of such a proceeding. Accordingly, both the right to counsel and the obligation of the Public Defender to provide representation for indigents apply.If incarceration is not sought as a remedy in a contempt proceeding, the constitutional right to counsel is not implicated.6 Nor is the Public Defender obligated to provide representation.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland 79 Md. Op. Att'y Gen. 354 (1994) Maryland-Attorney General opinion Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? No. A case-by-case standard could be used for each defendant. However, uniform eligibility requirements must be used under the Administrative Procedure Act
In theory, the Office of the Public Defender might administer these eligibility provisions on an entirely individualized basis, through an ad hoc assessment of each applicant's financial ability. [However, i]t
+ See more
is our opinion that the eligibility criteria established by the Public Defenders Office must be adopted under the rulemaking procedures of the Administrative Procedure Act in order to be legally effective.
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland See Md. Code Ann., State Fin. & Proc. § 3-302 Maryland-Attorney General opinion Which fines and/or fees may be collected by a private vendor? N/A. Maryland has a state central collection agency which collects fees. Revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland 86 Md. Op. Att'y Gen. 183 (2001) Maryland-Attorney General opinion Who has the burden of proof in an ability to pay determination? What is the standard of proof required? No burden or standard has been established. Instead, the Court simply inquires into the reason for inability to pay the fine.
"Thus, the Constitution places both procedural and substantive limitations on a court's power to incarcerate a criminal defendant in lieu of payment of a fine. First, the court must inquire
+ See more
into the reason why the defendant has failed to pay the fine. If the failure to pay is attributable to indigency the court must also consider alternate methods of punishment. If the court ultimately decides that an additional period of incarceration is necessary to serve the interests of deterrence and punishment, the aggregate period of incarceration cannot exceed the maximum sentence for the underlying offense."
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Simms v. State, 501 A.2d 1338, 1342 (1986) Maryland-Attorney General opinion Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? Case law says at the time of collection. "A hearing to determine ability to pay is appropriate not at the time of the imposition of the sentence but at the time of its enforcement" Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland Md. Const. art. IV, § 18; See, e.g., MD R ADR Rule 17-208 Maryland-Attorney General opinion What authority do county or municipal courts have to set fines or fees? They have authority as granted to them by the Court of Appeals
"Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules
+ See more
for court-designated individuals conducting each type of fee-for-service ADR"
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Maryland
Md. Const. art. IV, § 18 (granting the Court of Appeals the authority to enacts rules with the force of law); see, e.g., MD R ADR Rule 17-208 (the Court
+ See more
of Appeals authorizes its Chief Judge to approve fee schedules)
Maryland-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? Maryland's highest court can impose binding state-wide rules, including fines and fees.
"The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other
+ See more
courts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals or otherwise by law. The power of courts other than the Court of Appeals to make rules of practice and procedure, or administrative rules, shall be subject to the rules and regulations adopted by the Court of Appeals or otherwise by law." "Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules for court-designated individuals conducting each type of fee-for-service ADR"
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C.A.G. Mar. 21, 1996 RE: Advisory Opinion; Exceptions to Statutory Exemptions for Execution of Judgment on Criminal Restitution Orders Other applicable opinions North Carolina is not barred from structuring a program to collect costs; however, the state's initiatives, must be narrowly drawn so as to avoid chilling the indigent's right to counsel
North Carolina [is not] barred from structuring a program to collect the amount it is owed from a financially-able defendant through reasonable and fairly administered procedures. The state's initiatives in
+ See more
this area naturally must be narrowly drawn to avoid either chilling the indigent's exercise of the right to counsel, or creating discriminating terms of repayment based solely on the defendant's poverty. Beyond these threshold requirements, however, the State has wide latitude to shape its attorneys fees recoupment or restitution program along the lines it deems most appropriate for achieving lawful state objectives. Id. at 123-124. (emphasis added.)
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

North Carolina N.C.A.G. June 10, 1980 Criminal Law and Procedure; Sentences; Probation; Restitution; Bankruptcy Proceedings Person who received illegal gains as a part of criminal activity may not discharge legal financial obligations in bankruptcy
It would thus be against our statute and public policy to permit a defendant who has received illegal gains and who was ordered to make restitution as a condition of
+ See more
his sentence to vacate such conditions by a discharge in bankruptcy." People v. Mosesson, 356 N.Y.S. 2d 483, 484-85, (1974). See also: People on Inf. of Anerbach v. Topping Bros., 359 N.Y.S. 2d 985 (1974).
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Texas
Tex. Att'y Gen Opinion Op. No. JM-10 (1983),"""Inability to pay fees is an affirmative defense to the failure to pay them.""",ability to pay,,transparencyShould ability to pay be considered when imposing
+ See more
fines or fees or only when collecting fines or fees?,,,,,,fines What authority do county or municipal courts have to set fines or fees?,Municipal courts have authority to sets fines and fees so long as they do not exceed the maximum fine or fee permitted by the relevant statute. ,Tex. Att'y Gen. Op. GA-0593 (2008)
court may impose . . . an increase in the defendant's fine, up to a total fine that does not exceed the maximum fine for the offense for which the
+ See more
defendant was sentenced
Who has the burden of proof in an ability to pay determination? What is the standard of proof required? Burden of proof is on the defendant by preponderance of the evidence. But see Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Texas
Tex. Att'y Gen. Op. JM-176 (1984),"""Proceedings in contempt cases should proceed as near as practical to criminal cases.""",ability to pay,,enforcementDoes allowing different municipalities to set their own indigency standards or
+ See more
fines/fees violate the equal protection afforded by the state’s constitution? ,"Possibly. In Texas, a law that fixes a greater punishment in one county than another is violative of Equal Protection, so a law allowing for different levels of protection or different penalty fines may also violate Equal Protection. ",Tex. Att'y Gen. Op. DM-123 (1992); Tex. Att'y Gen. Op. JM-1120 (1989),"""costs imposed in misdemeanor cases involving state criminal statutes must be uniform statewide . . . a law that fixes a greater punishment in one county than in other counties for the violation of a state law cannot be upheld and is in contravention of constitutional inhibitions, both State and Federal""; ""Assessment of a minimum $50 fine in every Class C misdemeanor hot check case in order to defray the cost of an additional employee would result in the penalty for a state defined crime to be different in Jim Wells County than it is in other counties and would violate both due process and equal protection constitutional rights.""",fines and fees,,ability to pay Which fines and/or fees may be collected by a private vendor? ,Any fines or fees ordered to be paid by a court,Tex. Att'y Gen. Op. JC-0516 (2002)
The debts that may be collected [are] those which have been ordered to be paid by a court.
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 more
the proceedings may only result in additional fines or non-incarceration penalties?
Contempt case require the same or as near as practicable due process protections as criminal cases. revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Texas Tex. Att'y Gen. Op. JC-0516 (2002) "The debts that may be collected [are] those which have been ordered to be paid by a court." Which fines and/or fees may be collected by a private vendor? Any fines or fees ordered to be paid by a court revenue flow
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Texas Tex. Att'y Gen Opinion Op. No. JM-10 (1983) "Inability to pay fees is an affirmative defense to the failure to pay them." Who has the burden of proof in an ability to pay determination? What is the standard of proof required? Burden of proof is on the defendant by preponderance of the evidence. But see Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) ability to pay