District Attorney's Fee.

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Section 45-45-82.01

District attorney's fee.

(a) In all cases in the municipal, juvenile, district, and circuit courts in Madison County and the Twenty-third Judicial Circuit, a docket fee, hereinafter referred to as a district attorney's fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly to the District Attorney's Fund in the county or to the fund that may be hereafter prescribed by law for the district attorney's fee. The district attorney's fee shall be in an amount equal to all docket fees or court costs which are assessed in cases and distributed to the Fair Trial Tax Fund. A three dollar ($3) administrative fee from each assessed fee shall be retained by the circuit clerk pursuant to Section 12-17-225.4(2), when the case originates in the juvenile, district, or circuit court, or by the municipal court clerk to be deposited into a municipal court clerk fund and used for administrative expenses when the case originates in the municipal court.

(b) The district attorney's fee shall be in addition to and not in lieu of any other fees or costs. The district attorney's fee shall not be waived or remitted unless the party proves to the reasonable satisfaction of the judge that the party is not capable of paying.

(c) The district attorney's fee may be expended, as the district attorney sees fit, for the payment of any and all expenses incurred by the district attorney for law enforcement and in the discharge of the duties of the office.

(Act 2007-471, p. 992, §§ 1-3; Act 2011-608, p. 1352, § 1.)


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