AGO 1997-086.

• Case Date: January 15, 1997
• Court: Alabama

Alabama Attorney General Opinions 1997. AGO 1997-086. 1997-086January 15, 1997Honorable James H. LackeyPresiding Judge Mobile Municipal Court Mobile Government Plaza North Tower, Second Floor 205 Government StreetMobile, AL 36644 Municipal Courts - Fees - Witnesses - Subpoenas Pursuant to Code of Alabama 1975, § 11-47-7.1, a municipality may assess and collect a witness subpoena fee and a fee for issuance of an alias warrant. These fees must be deposited and expended as enumerated in § 11-47-7.1.Dear Judge Lackey: This opinion is issued in response to your request for clarification of A.G. Opinion No. 97-00049 issued to you on December 10, 1996. In that opinion this office advised that although there is no specific statutory authority for the assessment and collection of fees for the issuance of witness subpoenas in municipal courts, additional costs and fees may be imposed pursuant to § 11-47-7.1, provided that such fees must be distributed to the special municipal fund designated as the "Corrections Fund." In an effort to adequately address all of your concerns, we will elaborate on the answers to your original question and the question you posed in your request for clarification. QUESTIONS

1. May a municipal court institute and collect a fee from either party having a case before the municipal court for issuance and service of witness subpoenas?

2. May a municipal court institute and collect a fee from either party having a case before the municipal court for issuance of warrants?

3. If the answer to the above is yes, would there be any restrictions on allocation and use of such fees so collected, or may the municipality allocate such funds for use in those judicial and public safety areas determined to be most critical and where additional funding would be most beneficial?

4. Since the District Court of Mobile County charges a fee for the issuance of subpoenas and warrants in misdemeanor cases, does Section 11-47-7.1 authorize the Municipal Court of Mobile to charge a similar fee for the same?

FACTS AND ANALYSIS Although there is no statute expressly authorizing the assessment of a fee for the issuance of witness subpoenas or warrants in municipal court, § 11-47-7.1 providing for the assessment of additional court cost and fees for distribution in a special municipal "Corrections Fund," as broadly written...