Judges: MARK PRYOR, Attorney General
Filed Date: 2/9/2000
Status: Precedential
Modified Date: 7/5/2016
The Honorable Douglas C. Kidd State Representative P.O. Box 137 Benton, Arkansas 72018-0137
Dear Representative Kidd:
I am writing in response to your request for an opinion on the following question:
Where a municipal court has been established after January 1, 1994, how does one determine the amount of uniform court costs and filing fees to be remitted from a city administration of justice fund to the county treasurer for deposit into the county administration of justice fund in the event the city and county cannot agree?
RESPONSE
It is my opinion that current law does not address this question. Legislative clarification is therefore indicated.
In your request, you refer to A.C.A. §
Your question involves the continued funding of the county-level programs mentioned above in a municipality that did not create a police, city or municipal court until after the beginning of calendar year 1994. In my opinion, another statute is relevant to this question. Section
(d)(1)(A) For any municipal, city, or police court which was created after January 1, 1994, such that the base year used to calculate the city share pursuant to § 16-101-308 was not complete, the city share shall be deemed to be fifty percent (50%) of the uniform court costs and filing fees collected and remitted to the city administration of justice fund.
(B) From this fifty-percent (50%) share, the city shall disburse or transfer funds to the local programs or agencies pursuant to subdivision (b)(1) of this section and to the county treasurer pursuant to subdivision (b)(2) of this section.
(2) The remaining fifty percent (50%) shall be remitted to the Department of Finance and Administration, pursuant to §
16-10-308 (e). [Emphasis added.]
The county programs are addressed above in subsection (d)(1)(B), where it refers to the transfer of funds to the county treasurer. Subsection (d)(1)(B) states that transfer of funds to the county treasurer shall be pursuant to subsection (b)(2) of A.C.A. §
2(A) Pursuant to §
16-10-308 (b)(5), the city shall remit to the county treasurer for deposit into the county administration of justice fund a portion of the city's share of uniform court costs and filing fees.(B) The amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the city to the county to fund county-level programs and agencies during the base year defined in §
16-10-308 (b).(B) By common agreement, cities and counties may establish a different fixed dollar amount or percentage of the city's monthly share of filing fees and court costs which shall be remitted to the county treasurer.
Thus, subsection (d) of A.C.A. §
I will note, however, that subsection (b)(2)(A) of A.C.A. §
Senior Assistant Attorney General Elana C. Wills prepared the foregoing opinion, which I hereby approve.
Sincerely,
MARK PRYOR Attorney General
MP:ECW/cyh