HomeMy WebLinkAbout2010-31 Municipal Court Fees
RESOLUTION NO. 2010 - 31
A RESOLUTION ESTABLISHING FEES FOR THE ADMINISTRATION
OF THE ASHLAND MUNICIPAL COURT
,
Recitals:
A. Section 4.35 of the Ashland Municipal Code specifically authorizes the City Council to
establish fees and charges for Administration of Municipal Court; by Resolution of the
City Council; and
B. On April 20, 2010, December 7, 2010, and December 21,2010, the Ashland City Council
provided an opportunity for public comment on the proposed fees and charges contained
herein in accordance with ORS 294.160( I); and
C. The Council finds and determines that the imposition of administrative fees and charges
is appropriate to support the efficient and cost effective operation of the Ashland
Municipal Court; and
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. Pursuant to AMC 4.35, Municipal Court Administration Fees and Charges, the
following fees and charges set forth in Table 1. and described in the incorporated Instructions
below, are hereby approved and established and shall have the full force and effect oflaw:
TABLE 1
CITY OF ASHLAND MUNICIPAL COURT ADMINISTRATION FEES
COURT ADMINISTRATION FEES CRIME VIOLATION OTHER
Appeal Transcript Fee $35.00 $10.00
City Attorney Deferred SentencelDiversion $60.00 $40.00
Civil Compromise Costs $75.00 N/A
Compliance Inspection Fee N/A $25.00
Court Appointed Counsel Fees and CharQes as billed N/A
Default Judgment N/A $15.00
Discovery - Fees imposed in accordance with See See
Miscellaneous Fee & Police Department Fee referenced referenced
Resolutions Resolutions Resolutions
Diversion by Municipal Court: Classes I -IV. A-D. Base Fine
Unclassified and Specific Fine Violations N/A Amount
Domestic Partnership ReQistration N/A N/A 25.00
Extend/Amend City Attorney Deferred
Sentence/Diversion $45.00 $45.00
Failure to Appear for Bench Trial/Show Cause hearing $90.00 $70.00
Failure to Appear for Jury Trial $150.00 N/A
Forfeiture of Security $25.00 $25.00
Mediation of violation (Municipal Court Mediation) N/A $65.00
Non Sufficient Funds Check $25.00 + $25.00 +
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bank costs I bank costs
Warrant $25.00 I $25.00
Withholdinq on County Assessment 10% at monthly distribution
SECTION 2. The following fees are not imposed during the operative period of the offense
surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 21,26 and 27. (These are
currently set to expire on June 30, 2011). Pursuant to AMC 4.35, Municipal Court
Administration Fees and Charges, the following fees and charges set forth in Table 2. are hereby
approved and these fees shall become effective upon the expiration of Oregon Laws Chapter 659
or the expiration of any subsequent legislation extending the fees and charges of that chapter.
COURT ADMINISTRATION FEES CRIME VIOLATION
Court Costs $35.00 $45.00
Expunction $250.00 $0.00
Show Cause Admission of AlleQation $25.00 $10.00
Bench Probation Fee $100.00 N/A
TABLE 2
SECTION 3. All other fees and charges inconsistent with the fees and charges set forth herein
are repealed. Nothing in this Resolution is intended to detract from the inherent power of the
Court pursuant to general law to impose fees and charges established in state law or City
ordinance in addition to the fees and charges specified herein.
.This Resolution was duly PASSED and ADOPTED this d1-/ day of
, 20 10, and after signing by the Mayor takes effect on January 21, 20 I I.
~
Barbara Christensen, City Recorder
SIGNED and APPROVED this ,fI-/ day of ka.te.r-,201O.
Reviewed as to form
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Instructions for Application of Municipal Court Fees and Charges
OJ. Appeal Transcript Fee. In the event an appeal is filed, the Municipal Court Clerks must
prepare what is known as a transcript on appeal for transmittal to Circuit Court (This is a
compilation of certified documents filed in the case - not a verbatim transcript). This fee is
established to recover the cost of this certified copy and transmittal service. The Ashland
Municipal Court is not currently a Court of Record. [See ORS 221.342.] Accordingly, appeals to
Circuit Court are de novo, that is, the matter is tried anew, as if nothing had happened below. [See
e.g. ORS 138.057(1)(a)(t); ORS 221.359; ORS 157.010, ORS 53.090].
02. Bench Probation Fee. This fee continues a $100 surcharge fee imposed in Oregon Laws
Chapter 659, Section 21 paragraph 7. The fee shall be imposed if the defendant is placed on
probation under the supervision of the Court. This fee is not imposed during the operative period
of the offense surcharges established by Oregon Laws Chapter 659, Sections: 2, 9, 21, 26 and 27.
(These are currently set to expire on June 30, 201 I).
03. City Attorney Diversion/Deferred Sentencing Agreement IORS 135.881). - ORS 135.881
expressly permits a City Attorney to divert or defer certain criminal offenses such that there is no
adjudication in the criminal justice system - no judgment and no sentencing order. A defendant
enters a plea which is held while the defendant performs community service or some form of
treatment. Successful completion of the diversion/deferred sentence results in dismissal of the
charge. Failure to comply results in revocation and formal sentencing by the Court. This fee is
established to recover the cost of establishing and monitoring diversion/deferred sentence
agreements through the City Attorney's office and Court. For purposes of fees and charges, a
conditional discharge on motion of the city attorney under ORS 137.533 is assessed the same fees
and charges as diversion/deferred sentence.
Court-appointed counsel fees and charges may not be waived ifpart of plea bargain or stipulated to
as part of a compromise. AMC 4.35.030. Plea bargained diversions, deferred sentences, and
compromises may include negotiated waiver of fee.
04. Civil Compromise Costs IORS 135.703(1) & (2)). Certain criminal offenses may be civilly
compromised. The civil compromise statute [ORS 135.705] requires acknowledgement of
satisfaction by the victim, in writing, and payment of all costs and expenses incurred, [including
court appointed attorney fees] as a prerequisite to exercise of the Court's discretion to dismiss the
charge. This fee is established to recover the administrative costs associated with civil
compromise, including assurances that the victim has been satisfied and not coerced.
Court-appointed counsel fees and charges may not be waived ifpart of plea bargain or stipulated to
as part of a compromise. AMC 4.35.030. Plea bargained compromises may include negotiated
waiver of fee.
OS. Collection Fee 125%with a maximum of$250: ORS 137.118).
Oregon statutes allow a Municipal Court to add a collection fee to a money judgment in a criminal
action. The fee is dictated by state statute and may not exceed 25% of the monetary obligation and
shall not in any case exceed $250.00. The fee shall be waived if the defendant pays as agreed - i.e.
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the defendant pays in accordance with payment schedule arranged by the Court. If the Court show
causes the defendant for failure to pay [e.g. ORS 161.685] for a violation or a crime, and the
defendant has not paid as agreed, then the fee is not waived - because the defendant did not "pay as
agreed.". Additional charges may also be imposed when cases are assigned to a collection agency.
06. Compliance Inspection Fee. This fee is imposed on violations when an inspection by police,
code compliance or court staff is required to dismiss the ticket. This is the final step in a "fix it"
ticket. The Court, Police or staff physically inspects to make sure the problem is corrected.
07. Court-Appointed Attorney Fees and Charges. State law prohibits paying court appointed
counsel less than thirty dollars ($30.00) per hour .ORS 135.055. The rate for court appointed
counsel shall be two hundred and fifty dollars ($250.00) for cases involving one defendant when
there is no trial. The rate shall be increased to four hundred dollars ($400.00) when there is a bench
trial and six hundred dollars ($600.00) when there is a jury trial. The rate is per defendant,
including all associated cases; however each case that requires a bench trial or jury trial is subject to
an additional one hundred dollar s($l 00.00) or three hundred dollars ($300.00) per case, over the
$300 no-trial cap, respectively. Court appointed counsel fees and costs may only be imposed,
reduced or waived by the Court when supported by findings and evidence in the record, in
accordance with requirements of state law.
08. Court Costs. This is the standard Court fee imposed for administrative costs associated with
resolution of any misdemeanors or violation. The fee is charged when the Court finds a defendant
guilty after a trial, accepts a guilty plea, accepts a "no contest" plea, or takes a default based upon
an alleged violation of a state law or city ordinance. There are different fees for violations and
crimes. There is an allowance for the Judge to waive court costs for additional cases/counts
resolved on the same day as the first case, provided the first case is fully charged and is as serious
as subsequent cases. AMC 4.35.030.0. This fee is incorporated into the bail schedule and is
therefore paid in all cases where the ticket is uncontested. See note 19 in Resolution regarding
suspension of this fee while state surcharge is in effect.
This fee may be reduced or waived by the Judge in appropriate cases in accordance with AMC
4.35.030. The Court may also reduce or waive this fee for additional cases/counts resolved on the
same day as the original offense when subsequent offenses are equal to or lesser than the original
offense. AMC 4.35.030.
This fee is not imposed during the operative period of the offense surcharges established by Oregon
Laws Chapter 659, Sections: 2, 9, 21,26 and 27. (These are currently set to expire on June 30,
20] I).
9. Default Judgment. The Court mav take a default judgment on a non-criminal violation if the
defendant fails to appear at first appearance [ORS 153.102(1)]. The default fee applies also when
the City Attorney reduces a crime to a violation and when the Court, with the consent of the City
Attorney, reduces a charge to a violation upon a failure to appear. [See. ORS 161.566 & ORS
16 1.568] However, State, County and City misdemeanor assessments remain applicable. The
Court shall take a default judgment when the defendant fails to appear for trial or subsequent to first
appearance in a violation proceeding. [ORS 153. I 02(2)]. Defendants may request relief from a
default judgment by filing a motion, filed with the Court and served on the City pursuant to ORS
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153.105.
10. Discovery. Discovery fee is charged for police records associated with an ongoing criminal
case whether or not the defendant is represented by legal counsel. The fee is $12.00. Pursuant to
Oregon law to protect victims of crimes, certain victim and witness information must be redacted
(withheld) [ORS 135.815]. Other requests for public records are addressed pursuant to
Miscellaneous Fees Resolution 2007-44 and subsequent Resolutions. Discovery fees will not be
assessed for cases involving court appointed counsel.
When Discovery exceeds 20 pages, the discovery fee is increased to $ I 5.00, additional charges for
tapes, DVDs, and photos, apply per Miscellaneous Fees Resolution 2007-44 and subsequent
resolutions. This fee may be reduced or waived by the Judge in appropriate cases in accordance
with AMC 4.35.030.
IJ. Diversion of Violation by Municipal Court.
The Judge may divert violations, unless prohibited by statute or ordinance. However, the Court's
authority to reduce fines for violations is strictly limited by statute. Whether the violation is a Class
I, II, III, IV, or unclassified violation the Court, "notwithstanding any other provision oflaw, may
not defer, waive, suspend or otherwise reduce the fine for a violation to an amount that is less than
75% of the base fine amount." [ORS 153.093(1)] Reductions of specific fine violations are also
limited. Accordingly, even if the Court attempts to keep a violation off a defendant's record by
diverting it, the reduction in the fine is limited by state statute. Base Fines are calculated using the
formula in state law and City Ordinance and the fines differ based upon the classification of the
offense. Essentially the base fine is one half the maximum fine with all assessments, including
state, county and city assessments. The violation diversion fees set forth on the table below
represent the base fine (including City Court Costs):
State base
fine w/o *City Base Fine (including
surcharge Class of Offense Diverted Court Costs)
$427 Court Diversion: Class VA Violation $472.00
$242 Court Diversion: Unclassified Class II Violation $287.00
$242 Court Diversion: Class II/B Violation $287.00
$145 Court Diversion: Class III/C Violation $190.00
$97 Court Diversion: Class IV/D Violation $142.00
vanes Court Diversion: Specific Fine Base Fine
*The City Base fine including Court Costs is equivalent to the base fine including the state
surcharge for corresponding classes of state law violations.
Base Fines are established by the formula or by adopted bail schedule. State law prohibits the
Court from deferring, waiving, suspending or otherwise reducing the fine for a violation below 75%
of the base fine amount for Class A, B, C, D violations and unclassified violations of state law.
ORS 153.093(1)(a). Assessments and fees are "in addition to" fines, including minimum fines, not
"in lieu of' or deducted from them. ORS 137.290(1). ORS 137.309(2). AMC 4.35.040.
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Court diversion fees for misdemeanors are not specified because the Court has no legal authority to
divert misdemeanor offenses. [ORS 135.881 grants diversion authority to City Attorney].
12. Diversion - Marijuana Less than an Ounce. The Oregon Legislature has established a
specific procedure for marijuana possession less than an ounce, diversion in ORS 135.907 ORS
135.921. The specified fee is the required fee a defendant must pay to file a petition for a
marijuana diversion pursuant to ORS 135.921. An additional evaluation fee of$90.00 must be paid
to the agency providing the required diagnostic assessment. The filing fee may be paid on an
installment basis and the judge may waive all or part of the filing fee in cases of an indigent
defendant. [ORS 135.909] Without this statutory marijuana diversion process, the minimum fine
and assessments under state statute for possession of less than an ounce of marijuana would be
$603.00 ($500 min fine, $37 state unitary assessment and $66 county assessment). City assessments
would add $20.00. [State surcharges (e.g. $100.00) are not reflected in this fee.]
13. Domestic Partnership Registration. The City of Ashland has a register for domestic
partners that pre-dates the Oregon State Statute providing for County Registration.
14. Drivers License Suspension. This $15.00 fee is specifically identified in ORS 809.267 to be
imposed whenever the Court suspends or restricts the driving privileges of a defendant for failure to
comply with a court order or any conditions imposed by the court or failure to pay a fine or for
failure to appear as required by ORS 153.061.
15. Driving Record Traffic Offenses (certified) (ORS 153.624). State law mandates that "in
addition to any other costs charged a person convicted of a traffic offense, a court shall charge as
costs and collect from any person convicted of a traffic offense any costs incurred in obtaining any
driving records relating to the person." The cost of a certified record and accompanying
documents from the DMV is now $11.50; $3.00 for a certified copy alone.
16. Expunction. This fee is to reimburse staff for administration of the process to seal the records
ofa Municipal Court conviction or an arrest per ORS 137.225. See note 19 in Resolution regarding
suspension of this fee while state surcharge is in effect.
This fee is not imposed during the operative period of the offense surcharges established by Oregon
Laws Chapter 659, Sections: 2, 9, 21, 26 and 27. (These are currently set to expire on June 30,
2011).
17. Extend/Amend City Attorney Diversion/Deferred Sentence. On occasion a City Attorney
diversion or deferred sentence needs to be extended or revised. This typically occurs when the
defendant is given additional time to satisfy an obligation, or requests a change in the obligations.
Extensions or amendments are also negotiated in lieu of revocation and formal sentencing. This
involves negotiating, drafting and processing an amendment. This fee is intended to recover this
cost.
18. Failure to Appear for Bench TriaV Show Cause Hearing. Substantial expense is involved in
preparation for a bench trial on a violation or crime. This fee reimburses the City for preparation
wasted when the defendant fails to appear (e.g. includes witness fees, subpoenas, officer overtime,
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staff or attorney time, court staff and judge time.) The fee is required to be waived if, based on
competent evidence, the Court finds that the failure to appear is due to circumstances beyond the
control of the defendant and through no'fault of the defendant. AMC 4.35.030.
19. Failure to Appear for Jury Trial. Substantial expense is involved in preparation for a jury
trial. This fee reimburses the City for preparation wasted when the defendant fails to appear (e.g.
includes jury fees, witness fees, subpoenas, officer overtime, staff and attorney time, court staff and
judge time.) The fee is required to be waived if, based on competent evidence, the Court finds that
the failure to appear is due to circumstances beyond the control of the defendant and through no
fault of the defendant. AMC 4.35.030.
20. Forfeiture of Security. This fee covers the cost of providing notice that security posted by the
defendant will be forfeited pursuant to the process set forth in ORS 135.280. This process is often
combined with a warrant.
21. Interest on Judgments in Criminal Actions per ORS 137.183 and ORS 82.010. The
interest on criminal judgments is set by statute. ORS 137.183 & ORS 82.010. The municipal judge
may waive all or part of the interest payable on a criminal judgment in accordance with AMC
4.35.030.0RS 137.183(3). Generally, criminal judgments begin to accrue interest on the date the
judgment is entered. Criminal judgments bear interest for a period of 20 years after the judgment is
entered.
22. Mediation of violation (Court Mediation). [AMC 2.28.190] Ashland Municipal Code
specifically authorized the Court to offer mediation on a violation offense. This fee is intended to
recover the costs incurred in pursuing mediation. The cost of mediation will be added to the fee.
Revised November 23,2010
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