Kay,
The $30 cap on Court Costs is one of the statutes. You'll also need to take
into account the statutes that establish the mandatory fees we have to
collect for the State (total is $30, which is 3 fees of $10 each, but
there's an extra $5 fee on drug charges). From there, I'd refer you to 11
O.S. 14-111(C), which has a few key provisions. First, it sets max fine
amounts traffic charges, alcohol/drug charges, and then all other charges.
Then it has the key language that the max penalty for a municipal charge
cannot exceed the max penalty for the same offense under State law. The
penalty is the total financial exposure, so fines, court costs, State fees,
etc. So it's not a your fine amount can't exceed the State fine amount.
In fact, take a look at the fine amount for the speeding violations in
Title 47 and compare it to just about any City or Town's fine for the same
offense. Ours will be greater, but it works (so long as our fine is at or
below $200) because you have so many more mandated fees you have to pay in
District Court.
Several cities have adopted a fee or fees on citations or certain kinds of
citations to help fund certain things (technology fee, equipment fee,
etc.). The key is to compare your total max penalty with the penalty for
the same offense if it were filed in District Court.
On Tue, Feb 28, 2023 at 4:21 PM Kay Robbins Wall lkrw@sbcglobal.net wrote:
Fellow Attorneys:
One of my small Towns (Not a Court of record) wants to raise Municipal
Court fines, Court costs, Technology fee, Deferral fee, and Warrant fee.
I have found a Statute limiting Court costs to $30.00. My Town has a
population of less than 3,000. Do any of you know of Statutory limitations
on any of the above.
Thank you,
Kay Wall
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
Kay,
The $30 cap on Court Costs is one of the statutes. You'll also need to take
into account the statutes that establish the mandatory fees we have to
collect for the State (total is $30, which is 3 fees of $10 each, but
there's an extra $5 fee on drug charges). From there, I'd refer you to 11
O.S. 14-111(C), which has a few key provisions. First, it sets max fine
amounts traffic charges, alcohol/drug charges, and then all other charges.
Then it has the key language that the max penalty for a municipal charge
cannot exceed the max penalty for the same offense under State law. The
penalty is the total financial exposure, so fines, court costs, State fees,
etc. So it's not a *your fine amount can't exceed the State fine amount*.
In fact, take a look at the fine amount for the speeding violations in
Title 47 and compare it to just about any City or Town's fine for the same
offense. Ours will be greater, but it works (so long as our fine is at or
below $200) because you have so many more mandated fees you have to pay in
District Court.
Several cities have adopted a fee or fees on citations or certain kinds of
citations to help fund certain things (technology fee, equipment fee,
etc.). The key is to compare your total max penalty with the penalty for
the same offense if it were filed in District Court.
On Tue, Feb 28, 2023 at 4:21 PM Kay Robbins Wall <lkrw@sbcglobal.net> wrote:
> Fellow Attorneys:
>
> One of my small Towns (Not a Court of record) wants to raise Municipal
> Court fines, Court costs, Technology fee, Deferral fee, and Warrant fee.
>
> I have found a Statute limiting Court costs to $30.00. My Town has a
> population of less than 3,000. Do any of you know of Statutory limitations
> on any of the above.
>
>
>
> Thank you,
>
>
> Kay Wall
> --
> Oama mailing list -- oama@lists.imla.org
> To unsubscribe send an email to oama-leave@lists.imla.org
>
