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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West Virginia | See generally §59-1-1 to §59-1-39. W. Va. Code §59-1-14. |
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See morelaw enforcement agencies?
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The Court, Clerk of Court, Sheriff and Probation Dept can collect fines. Most fines and fees go into the general revenue fund (either state or county), but the West + See moreVirginia Deputy Sheriff Retirement Fundt fund receives a small amount from certain collections (see §59-1-14).
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Revenue flow | |
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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of the appellate courts and in the other + See morecourts of this State, which shall have the force of law until rescinded, changed or modified by the Court of Appeals or otherwise by law.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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Revenue flow |