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Below are the attorney general opinions that meet your search criteria.
4 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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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 moreis 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.
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Fines and fees |
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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 morefor court-designated individuals conducting each type of fee-for-service ADR"
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Fines and fees |
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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 moreof Appeals authorizes its Chief Judge to approve fee schedules)
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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 morecourts 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"
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Fines and fees |