AGO 1989-017.

• Case Date: February 21, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-017. February 21, 1989ATTORNEY GENERAL OPINION NO. 89-17Howard Schwartz Judicial Administrator Kansas Judicial Center 301 W. 10th Topeka, Kansas 66612-1507 Re: Fees and Salaries--Fees in All Counties and Salaries in Certain Counties--Court Fees in Criminal Actions Synopsis: Whether a traffic related offense which is classified as a misdemeanor should be considered a "misdemeanor" or a "law regulating traffic" for purposes of assessing the correct docket fee under K.S.A. 1988 Supp. 28-172a must be determined on a case-by-case basis taking into consideration the amount of time and effort typically required to prosecute such an offense. Cited herein: K.S.A. 20-362; K.S.A. 1988 Supp. 28-172a; L.1984, ch. 39, § 1; L.1978, ch. 108, §§ 3, 9; L.1976, ch. 163, § 28. * * * Dear Mr. Schwartz: As Judicial Administrator, you request our opinion regarding the assessment of docket fees pursuant to K.S.A. 1988 Supp. 28-172a. Specifically you question whether certain misdemeanor traffic related offenses should be deemed misdemeanors or "laws regulating traffic on highways" for purposes of charging the correct docket fee. K.S.A. 1988 Supp. 28-172a provides in part as follows:

"(a) Except as otherwise provided in this section, whenever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed as follows:

Murder or manslaughter $149

Other felony 119

Misdemeanor 89

Forfeited recognizance 49

Appeals from other courts 49

"(b) In actions involving the violation of any of the laws of this state regulating traffic on highways (including those listed in subsection (c) of K.S.A. 1986 Supp. 8-2118 and amendments thereto), any act declared a crime pursuant to the statutes contained in chapter 32 of Kansas Statutes Annotated and amendments thereto or any act declared a crime pursuant to the statutes contained in article 8 of chapter 82a of the Kansas Statutes Annotated and amendments thereto, whenever the prosecuting witness or defendant is adjudged to pay the costs in the action, a docket fee of $29 shall be charged. When an action is disposed of under subsections (a) and (b) of K.S.A. 1986 Supp. 8-2118 and amendments thereto, whether by mail or in person, the docket fee to be paid as court costs shall be $29." (Emphasis

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