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Wyoming Wyo. Ct. R. 1 Costs and fees in criminal actions.
(a) Circuit courts shall collect for every criminal/traffic charge (count) for which aconviction results unless otherwise specifically excepted by statute or court rule, costs in the sum of $20.00 which shall
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be assessed as part of the sentence. In addition, for every criminal/traffic charge (count) for which a conviction results unless otherwise specifically excepted by statute or court rule, a fee of $20.00 shall be imposed, $10.00 of which shall be deposited into the judicial systems automation account established by W.S. § 5-2-120 and $10.00 of which shall be deposited into the indigent civil legal services account established by W.S. § 5-2-121. (b) For every charge (count) the court shall impose the costs and fees provided for under paragraph (a) above, and the victim’s compensation fee as required by W.S. § 1-40-119, unless the court determines the defendant has an inability to pay and that no reasonable probability exists that the defendant will have an ability to pay. (Amended August 13, 2002, effective September 1, 2002; amended December 17, 2002, effective January 1, 2003; amended May 25, 2010, effective July 1, 2010.)
Fines and fees
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Wyoming Wyo. Ct. R. 7 Over Payments In the case of over payments, a refund need not be made unless the over payment exceeds $10.00. Fines and fees
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Wyoming Wyo. Ct. R. 2 Municipal Courts
(a) Costs and fees assessed and collected in municipal courts shall be fixed by ordinance in each city and town but costs shall not exceed $10.00. Such costs shall be remitted
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to the city or town treasurer. By ordinance, a city or town may prescribe either a court automation fee of $10.00 or an indigent civil legal services fee of $10.00 or both as a cost to be paid by every person guilty of a violation of a city or town ordinance, and if so prescribed those fees shall be remitted to the judicial systems automation account established by W.S. § 5-2-120 and the indigent civil legal services account established by W.S. § 5-2-121. (b) Record check requests. All requests for a record check shall be submitted in writing by the applicant. Response to the request for a record check shall be made by the court in writing as soon as practicable after the written request is received by the court. The fee for checking municipal court records shall be ten dollars ($10.00). Payment of the $10.00 fee for each record check shall be made in cash or check payable to the court. No charge shall be made for checking municipal court records if requested by an employee of a governmental agency. Any request for copies of documents shall be billed separately above and beyond any fee charged as set forth herein. This rule and the charge provided only applies to services required from court personnel to check and/or abstract court records. This rule has no application to the personal examination of any court records including indexes by any individual desiring information from these public records.
Fines and fees
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Wyoming Wyo. R GOV ACCESS CT REC R. 6 Court Records Not Available for Public Access
Public access to court records may be prohibited by statute, administrative rule, court rule, or court order. The below list serves as a partial list of the public access restrictions:
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(a) Records listed in Wyo. Stat. Ann. § 16-4-203(b) and (d).(b) Adoption and confidential intermediary records pursuant to Wyo. Stat. Ann. §§ 1-22-104(d), (e), and 1-22-203(c). (c) Attorney discipline records pursuant to Disciplinary Code §§ 5 and 12(h) and Lawyers' Assistance Committee Rule 4C. (d) Mediation proceeding records pursuant to Wyo. Stat. Ann. § 1-43-102 and agricultural mediation services records pursuant to Wyo. Stat. Ann. § 11-41-106. (e) Domestic violence protection order petitioners' and their children's identifying information pursuant to Wyo. Stat. Ann. § 35-21-105(e). (f) Grand jury records pursuant to Wyo. Stat. Ann. §§ 7-5-207, 7-5-208, and 7-5-308. (g) Guardianships and conservatorships records pursuant to Wyo. Stat. Ann. § 3-1-110(a) and § 16-4-203(b) and (d). (h) Involuntary commitment records pursuant to Wyo. Stat. Ann. § 25-10-122. (i) Records from child abuse and neglect proceedings, including but not limited to records of the multidisciplinary team, pursuant to Wyo. Stat. Ann. §§ 14-3-424, 14-3-427(g), 14-3-437, and 14-3-439, except any order for payment of support and treatment that is not confidential pursuant to Wyo. Stat. Ann. § 14-3-435. (j) Records related to juvenile justice proceedings in the district court, including but not limited to records of the multidisciplinary team, pursuant to Wyo. Stat. Ann. §§ 14-6-203(g) and (j), 14-6-227(g), 14-6-239, and 14-6-240, except any order for payment of support and treatment that is not confidential pursuant to Wyo. Stat. Ann. § 14-6-236. (k) Records related to children in need of supervision proceedings, including but not limited to records of the multidisciplinary team pursuant to Wyo. Stat. Ann. §§ 14-6-437 and 14-6-427, except any order for payment of support and treatment that is not confidential pursuant to Wyo. Stat. Ann. § 14-6-435. (l) Presentence investigation reports pursuant to Wyo. Stat. Ann. § 7-13-409. (m) Search warrant applications and affidavits until served and returned, pursuant to W.R.Cr.P. 41(i). (n) Discovery material or other items submitted to a court for in camera review. (o) Trial juror addresses, qualification forms, and questionnaires, except to the parties in the case, if disclosure is restricted or prohibited by the court. (p) Mental health and counseling records pursuant to Wyo. Stat. Ann. §§ 33-27-123, 33-38-113, 9-2-125, and 9-2-126. (q) Substance abuse evaluation reports pursuant to Wyo. Stat. Ann. §§ 9-2-125 and 16-4-203(d)(i). (r) Records sealed by a court. (s) Sexual assault victim's identifying information prior to filing of the information or indictment in district court, and minor sexual assault victim's name pursuant to Wyo. Stat. Ann. § 6-2-319(a) and (b). (t) Medical records pursuant to Wyo. Stat. Ann. § 16-4-203(d)(i). (u) Crime victim's compensation application pursuant to Wyo. Stat. Ann. § 1-40-107(d). (v) Probation counselor case records pursuant to Wyo. Stat. Ann. § 5-3-504(b). (w) Court supervised treatment program information pursuant to Wyo. Stat. Ann. § 7-13-1610. (x) Criminal history record information pursuant to Wyo. Stat. Ann. § 7-19-106. (y) Sex offender registration information pursuant to Wyo. Stat. Ann. § 7-19-303(b). (z) Administrative subpoena information regarding child exploitation investigations pursuant to Wyo. Stat. Ann. § 9-1-640(j), unless in connection with a criminal case related to the subpoenaed materials. (aa) Genetic testing information pursuant to Wyo. Stat. Ann. § 14-2-710(c). (bb) Parentage adjudication information pursuant to Wyo. Stat. Ann. § 14-2-819, other than the final judgment. (cc) Child abuse and neglect information pursuant to Wyo. Stat. Ann. § 14-3-214. (dd) Domestic relations financial affidavits and records pursuant to Wyo. Stat. Ann. § 20-2-308(d). (ee) Motor vehicle accident reports pursuant to Wyo. Stat. Ann. §§ 31-5-1110 and 1111. (ff) Adult protective services information pursuant to Wyo. Stat. Ann. § 35-20-112(a) and (b). (gg) Confidential fair market value information in eminent domain proceedings pursuant to Wyo. Stat. Ann. § 1-26-704(d). (hh) Sexual assault victim medical examination information and reports pursuant to Wyo. Stat. Ann. § 6-2-309(m). (ii) Sexually transmitted disease examination information and reports pursuant to Wyo. Stat. Ann. § 7-1-109(f). (jj) Patient records from the Wyoming Life Resources Center pursuant to Wyo. Stat. Ann. § 25-5-131. (kk) Coroner's records, including toxicology reports, photographs, video recordings or audio recordings made at the scene of the death or made in the course of postmortem examinations pursuant to Wyo. Stat. Ann. § 7-4-105. Any party or other person making a filing in a case, wherein it is necessary to attach documents that are prohibited for public release by statute, administrative rule, court rule, or court order, shall make that filing a redacted filing in accordance with Rule 7, herein.
Transparency
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Wyoming WY R GOV ACCESS CT REC R. 4 When Court Records May be Accessed
Court records shall be available for public access in the court facilities where the records are kept, during regular business hours. Upon receiving a request for access to court records,
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the custodian shall respond within a reasonable time regarding the availability of the records, and shall provide or deny access thereto within a reasonable time. Court records shall be provided at a time and in a manner that does not unreasonably interfere with other business of the courts. Electronic records to which the court allows remote access shall be available for public access at any time, subject to normal system maintenance and unexpected technical failures.
Transparency
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Wyoming W.R. Cr. P. Rule 32.1 Offender Payments and Restitution
The clerk of court shall use the following prioritized order when distributing offender payments and restitution: 1. Crime Victims Compensation Surcharge (Wyo. Stat. Ann. § 1-40-119) 2. Judicial Systems Automation Fee (Wyo. Stat. Ann.
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§ 5-2-120) 3. Indigent Civil Legal Services Fee (Wyo. Stat. Ann. § 5-2-121)4. Restitution as follows: a) Restitution payments received by a court shall be forwarded to the third party whenever the court has received funds totaling $25 or more. Nothing in this rule shall be construed as to limit any number of additional payments the clerks may choose to make. b) If there are multiple victims in a case, the clerk shall pay out to each victim in equal amounts, but may hold those monies until the clerk has received funds totaling $25 per victim. c) If six months between restitution payments have lapsed, the clerk shall pay out in equal amounts the remainder of monies held. 5. Drug Court Surcharge (Wyo. Stat. Ann. § 7-13-1616) 6. Court costs 7. Fines 8. Fees (in the following order, including but not limited to: public defender fee, prosecution fee, addicted offender fee, probation fee, jail costs, extradition fee, and other fees). 9. Contempt.
Revenue flow
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North Dakota N.D.R.Crim.P. 1 Scope and Exceptions (4) Other Proceedings. These rules do not apply to: . . . (C) the collection of fines and penalties; Fines and fees
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North Dakota N.D.R.Crim.P. 11 Pleas
(1) The court may not accept a plea of guilty without first, by addressing the defendant personally [except as provided in Rule 43(b)] in open court, informing the defendant of
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and determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;
Fines and fees
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North Dakota N.D.R.Crim.P. 38 Stay of Execution and Relief Pending Review
(b) Fine. If the defendant appeals, the court may stay a sentence to pay a fine, fee or costs. The court may stay the sentence on any terms considered appropriate
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and may require the defendant to: (1) deposit all or part of the fine, fee or costs with the clerk; (2) post a bond to pay the fine, fee or costs; or (3) submit to an examination concerning the defendant's assets and, if appropriate, order the defendant to refrain from dissipating assets.
Fines and fees
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Florida Fla. R. Judicial Admin. 2.265(b) Municipal ordinance violations
Costs in County Courts. The chief judge of a circuit shall by administrative order establish a schedule of costs, in conformity with any provisions of law, to be assessed against
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a defendant in the county court and paid to the county for violations of municipal ordinances which are prosecuted in county court. The costs shall be assessed as a set dollar amount per conviction, not to exceed $50 excluding any other statutory costs.
Fines and fees
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Florida Fla. R. Judicial Admin. 2.265(c) Municipal ordinance violations
Collection of Outstanding Fines. All cases for which outstanding fines, civil penalties, and costs are being collected by a municipality shall be retained by the municipality until collected or until
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the offender defaults on payment. If a default occurs, the municipality may institute summary claims proceedings to collect the outstanding fines.
Enforcement
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Florida Fla. R. Crim. Proc. 3.853(c)(6) Motion for postconviction DNA testing
If the court orders DNA testing of the physical evidence, the cost of the testing may be assessed against the movant, unless the movant is indigent. If the movant is
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indigent, the state shall bear the cost of the DNA testing ordered by the court.
Fines and fees
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Florida Fla. R. Crim. Proc. 3.984 Application for criminal indigent status
Notice to Applicant: The provision of a public defender/court appointed lawyer and costs/due process services are not free. A judgment and lien may be imposed against all real or personal
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property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee for each application filed. If the application fee is not paid to the Clerk of the Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of this case. If you are a parent/guardian making this affidavit on behalf of a minor or taxdependent adult, the information contained in this application must include your income and assets.
Ability to pay
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Florida Adm. Order No. 2009-04 (Second Circuit) In re: Fees - Costs for payment of attorney's fees; public defender application fee
I. Each criminal judgment shall contain an assessment pursuant to section 938.29, Florida Statutes, unless specifically waived by the Court, in the amount of $50.00 in misdemeanor cases and
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$100.00 in felony cases in all cases in which the defendant received the assistance of the Public Defender's Office or any other court appointed counsel. A similar assessment shall be imposed, unless specifically waived by the Court, in all cases which the defendant has received due process services after being found indigent for costs under section 27.52, Florida Statutes. These assessments shall be made in all original criminal actions as well as violations of probation or community control.
Fines and fees
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Florida Adm. Order No. 2009-04 (Second Circuit) In re: Fees - Costs for payment of attorney's fees; public defender application fee
III. If not previously paid, each criminal judgment shall also include the $50.00 Public Defender application fee if the Defendant applied for the services of the Public Definer and/or
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the court appointed the Public Defender, unless specifically waived by the court.
Fines and fees
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Florida Adm. Order No. 2009-04 (Second Circuit) In re: Fees - Costs for payment of attorney's fees; public defender application fee
Iv. The first $50.00 of any fees or costs collected on a case by the Clerk of Court will go toward satisfaction of the Public Defender Application fee, pursuant
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to section 27.52, Florida Statutes.
Enforcement
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Florida Adm. Order No. 2000-03 (Second Circuit) In re: Investigative costs in criminal cases
A. 1. The minimum cost of prosecution to be assessed in each felony case is $50.00. This cost takes into consideration the time involved in the intake process,
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case preparation (exclusive of pre-trial motion and depositions) and the taking of the plea n court. All law enforcement agencies shall submit a request for reimbursement of investigative costs form . . . with each case they are seeking to recover the minimum cost of prosecution. A. 2. For any amount in excess of the above to be awarded the state shall, at least five (5) business days prior to sentencing unless otherwise provided in a plea agreement, file a Motion to Assess, with the amounts documented therein and furnish a copy to the defense attorney. A proposed order should also be included therewith. A. 3. Any defendant who objects to the assessment of the investigative costs has the right to request a hearing to determine the actual investigative costs incurred by the law enforcement agency.
Fines and fees
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Florida Adm. Order No. 2000-03 (Second Circuit) In re: Investigative costs in criminal cases
B. 1. The minimum cost of prosecution to be assessed in each misdemeanor and criminal traffic case shall be assessed as follow: a. For a plea at First Appearance,
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no costs; b. For a plea entered to a criminal traffic case or to a misdemeanor case subsequent to First Appearance a cost of $25.00 shall be assessed; c. For a plea entered to an Information prior to trial, a cost of $25.00 shall be assessed; d. Cases that involve an extraordinary amount of time, motion hearings, dispositions or go to trial, shall be handled as set fort in paragraph A. 2.
Fines and fees
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Florida Adm. Order No. 2000-03 (Second Circuit) In re: Investigative costs in criminal cases
Clerks of the Circuit Court in and for the Second Judicial Circuit of Florida are hereby ordered to receive and disburse payments as reimbursement for investigative costs as may be
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ordered in criminal cases. A service charge for the Clerk of the Circuit Court is hereby established in the amount of two dollars ($2.00) per assessment. Upon receipt of payments or installment payments for reimbursement of investigative costs, the Clerk shall, after deducting the service charge of two dollars ($2.00), deposit said payments into the investigative costs account and shall credit the account of each defendant with each payment as received. The Clerk shall disburse all accumulated payments at the end of each month to the proper recipient of said reimbursement, along with a specific breakdown of the disbursements.
Enforcement
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Florida Adm. Order No. 2014-01 (Fourth Circuit) In re: Assessment and collection of drug testing fee for Clay County, Florida
Ordered: (A) That every individual ordered by the Fourth Judicial Circuit Court, ClayCounty, to complete a drug test shall be required to pay a fee of $25.00 - or such
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reduced amount as deemed appropriate to ensure the ability to pay, with the exception of individuals found to be indigent upon proper application to the Court; (B) That individuals found to be indigent upon proper application to the Court shall be exempt from payment of this fee; (C) That individuals who are ordered for testing shall make payment to the Clay County Clerk of Court, which has agreed to issue a receipt to such individuals as proof of payment, that shall, upon presentation at the Duval County Drug Court Lab, enable drug testing to be completed; (D) That agencies executing a Memorandum of Understanding (MOU) with the Duval County Drug Court Lab to perform dmg tests at an agreed upon contracted rate shall, after receipt of an invoice, submit a monthly payment (to the Duval County Drug Court Lab made payable to “the Duval County Clerk of Court”) along with a copy of the invoice, in accordance with the MOU for tests performed pursuant to a Court order or Child Welfare Case Plan; (E) That the Clay County Clerk of Court has agreed to maintain separate accounting records for these funds to ensure proper appropriation of all revenues collected; (F) That upon the end of each quarter, the Clay County Clerk of Court shall remit payment of all funds collected during the preceding quarter to the Duval County Clerk of Court; (G) That all such payments will be deposited by the Duval County Clerk of Court into the existing Drug Testing Revenue Fund, i.e., GL2293 87 (F750), as maintained by the Duval County Clerk of Court; (I-I) That this account shall allow for end of fiscal year cash carryover; (I) That the fees collected will be deposited by the Clerk of Court into this account, less one dollar ($1.00) per drug testing fee as a service charge to be retained by the Clerk; (J) That the Chief Judge or his designee shall have authority over these fund for use in maintaining Drug Court and that such funds shall only be disbursed by the Duval County Clerk of Court upon request by the Chief Judge or his designee;
Fines and fees