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|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|Nevada||1993 Nev. Op. Att'y Gen. 102 (1993)||Fines, judgments, judges||What authority do county or municipal courts have to set fines or fees?||Courts may, in the exercise of their judgment, set fines and fees.||
NRS 244.207, which authorizes counties to establish a collection division to collect fees and monetary sanctions imposed by courts that are ultimately owed to the county when collected, does not+ See more
violate Nevada's separation of powers provision. Although all collection efforts can be deferred by the courts, the legislative intent underlying NRS 244.207(1)(f) is to not impede collection efforts pending court rulings at any level. There is nothing in this statutory provision which impedes the courts in the exercise of their inherent judicial power to enforce their judgments and orders. Therefore, NRS 244.207 is constitutional.
|Fines and fees|
|Nevada||1987 Nev. Op. Att'y Gen. 29 (1987)||Criminal law - execution of sentence of imprisonment and fine||
District Attorney may collect fines and fees when he prosecuted the case, attorney general may collect fines and fees when the attorney general's office prosecuted the case, and the Department+ See more
of Prisons may only collect fines and fees only when specifically granted the authority to do so by law.
Nevada statutes presently provide two methods for enforcement and collection of a criminal fine. See Nev.Rev.Stat. §§ 176.065 and 176.275. In both cases, the district attorney has authority to proceed+ See more
to collect the fine on a criminal judgment where the district attorney has been the prosecutor. On the other hand, there is no clear authority in the office of the attorney general to undertake any action to collect the fines which have been imposed in criminal cases prosecuted by a district attorney. The attorney general would have authority to take action to enforce fines in cases prosecuted by the attorney general. See Nev.Rev.Stat. § 228.125. Similarly, the Department of Prisons has no specific authority to collect fines through deductions from wages or other property of offenders, or to institute any action against an offender to obtain the payment of a fine. The department is given specific authority to collect only certain debts owed by inmates, such as restitution or family support. See Nev.Rev.Stat. § 209.346 and 209.4811-209.4843; 209.352. Criminal fines are not included as a debt which may be collected by the Department of Prisons. This specific grant of authority to collect only certain debts implies a lack of authority to collect others. See Galloway v. Truesdell, 83 Nev. 13, 26, 422 P.2d 237 (1967). .
|Fines and fees|