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 | W. Va. Const. art. VIII, § 3 | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | No. West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules. |
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice + See moreand procedure, which shall have the force and effect of law.”
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Enforcement |
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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 |