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.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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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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Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | No. Maryland's Constitution allows the Court of Appeals to 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of the appellate courts and in the other + See morecourts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals or otherwise by law.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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Wisconsin | City of Milwaukee v. Kilgore, 517 N.W.2d 689, 697-98 (Wis. Ct. App. 1994) | Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue? | Collections of fines and fees by the court are permitted so long as their collection is not "clearly illegal." |
By enacting §§ 800.09 and 800.095, STATS., the legislature explicitly granted municipal courts the authority to suspend drivers' licenses. Whether that constitutes a lawful exercise of police power depends on + See morewhether it is rationally related to furthering a proper public purpose. See State v. McManus, 152 Wis.2d 113, 130, 447 N.W.2d 654, 660 (Ct.App.1989). That is determined by a two-step analysis. First, we consider whether the statutes promote a proper public purpose. Id. Second, we determine whether the statutory scheme is reasonably related to the accomplishment of that purpose. City of Milwaukee v. Kilgore, 517 N.W.2d at 696-97.
Courts must not interfere with the municipal exercise of police power unless the exercise is clearly illegal. J & N Corp. v. City of Green Bay, 28 Wis.2d 583, 585, 137 N.W.2d 434, 436 (1965). As the supreme court explained:
Municipalities glean their powers from the state constitution and statutes. Under sec. 62.11(5), STATS., municipal legislative bodies are granted the power
to act for the government and good order of the city, for its commercial benefit, and for the health, safety, and welfare of the public, and may carry out [their] powers by license, regulation, suppression, borrowing of money, tax levy, appropriation, fine, imprisonment, confiscation, and other necessary or convenient means. The powers hereby conferred shall be in addition to all other grants, and shall be limited only by express language. City of Milwaukee v. Kilgore at 697.
Conceivably, this rule is applicable to all state and local courts in the state of Wisconsin.
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