Committee Adopts Split of Fine, Court Cost Revenue

— Two small city district courts in Washington County will seek help from the Quorum Court meeting Thursday in preparing for state legislative proposals next year that could impact local budgets if approved.

At A Glance

What Are Court Costs?

A court cost is not a fee for appearing in court. It is a fee the court has been mandated by the state to collect upon each conviction. The court costs are collected by the court and forwarded to the State of Arkansas’ Administration of Justice Fund to support various agencies.

Source: Administrative Office Of The Court.

The Quorum Court’s Finance Committee approved on Tuesday an ordinance allowing installment payments collected from court fees to be split equally by the state and county as a result from cases, such as misdemeanor criminal charges, handled at the Elkins and Prairie Grove District Courts.

Rene Allen, court clerk in Elkins, brought the issue to county attorney George Butler, he said.

Butler told Quorum Court members a hierarchy exists when a person makes installment payments for court costs, fines and victim restitution. Those payments first go to pay off a $5 installment fee, then toward victim restitution, then toward court cost, then fines, he said.

“However, (current) state legislation allows for the city and county to pass an ordinance that when you get to the court cost level, it could be 50 percent allocated to court cost and 50 percent allocated to fines,” Butler said.

The fees collected from fines goes toward city and county budgets respectively, Butler said. Misdemeanor fines cited by sheriff’s deputies go to county coffers, while charges from city patrol officers go to cities.

The term “court costs” defines fees collected by the court and forwarded to the state’s Administration of Justice Fund, according to the Administrative Office of the Courts.

Each city and county can pass ordinances to determine how it will split installment revenue for court costs and fines, said J.D. Gingerich, executive director of the Administrative Office of the Courts. The splits are different in many cities and counties, he said.

“Depending on what the current arrangements are in a city, it could be a dramatic impact in how the revenues are shared between that city, county and state,” Gingerich said.

Fees collected in local courts are sent first to a county treasurer’s office before sending the state portion to the Arkansas Department of Finance and Administration. From there the money goes to the Administration of Justice Fund, then to state agencies.

Among the agencies that receive money are the state Department of Health, Arkansas State Police, Attorney General’s Office, Arkansas Crime Information System and the University of Arkansas Law School in Fayetteville.

Quorum Court members were given what appear to be minutes from a Dec. 10 meeting of the Arkansas District Judges Council Board of Directors. The minutes show the council intends to endorse state legislation that would strike the ability to a 50/50 split, unless cities and counties pass ordinances before Dec. 31.

Those that pass ordinances before the end of the year will be grandfathered in, according to the minutes.

“I'm a little uncomfortable doing something based on anticipated legislation that I haven't seen,” said Justice of the Peace Eva Madison, a committee member.

Butler also said no one has drafted a state bill and any proposed legislation could die.

Washington County has five district courts in Elkins, Prairie Grove, West Fork, Fayetteville and Springdale. District courts in West Fork, Fayetteville and Springdale were not named in the proposed county ordinance because they won’t be able to get the necessary city ordinances in time or are missing specific computer software, Butler said.

The Prairie Grove City Council adopted a similar ordinance, Butler said. The Elkins City Council will review its ordinance Thursday.

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