Code of Alabama - Title 45: Local Laws - Section 45-41-82.03 - Additional court cost - Circuit and district courts

Section 45-41-82.03 - Additional court cost - Circuit and district courts.

(a) In addition to any court costs and fees now or hereafter authorized in Lee County, the Lee County Commission, upon adoption of a resolution by the commission, may impose an additional court cost in an amount not to exceed fifty dollars ($50) to be assessed and taxed as costs in cases filed in the circuit and district courts of Lee County as follows:

(1) The additional court cost shall apply to all civil and criminal cases, including all appeals from any municipal court in Lee County.

(2) The additional court cost shall not apply to small claims or to any case where the cost has previously been assessed, including de novo appeals from the district court.

(3) The court cost shall not be waived by any court, unless all other fees, assessments, costs, fines, and charges associated with the case are waived. Notwithstanding the foregoing, if any municipal court within Lee County imposes, collects, and distributes to the Lee County Justice Facilities Fund a similar fee as court costs for the purposes set out in subsections (b) and (c), or specifically for the expansion, renovation, equipping, furnishing, and maintenance of the Lee County Detention Center, the court cost provided for herein, or a portion thereof, may be waived by resolution of the Lee County Commission in cases appealed from those municipal courts de novo to the Circuit Court of Lee County, to offset the court cost assessed by the municipal court, provided that no party is taxed more than fifty dollars ($50) for this cost.

(b) The court costs collected pursuant to this section shall be applied exclusively for the payment of the costs of planning, designing, financing, furnishing, equipping, maintaining, renovating, constructing, and operating the existing Lee County judicial facilities and for the payment of the principal of and interest on any bonds, warrants, or other obligations issued by or on behalf of the county to finance the costs of the renovation, expansion, and the expenses related to the issuance of bonds, warrants, or other obligations.

(c) The additional court costs, when collected by the clerks or other collection officers of the courts, shall be paid to the Lee County Commission to be deposited into a special designated fund referred to as the Lee County Judicial Facilities Fund to be used for the planning, designing, financing, furnishing, equipping, maintaining, renovating, expanding, and operating the existing Lee County judicial facilities.

(Act 2007-374, p. 741, §§1–3; Act 2007-400, p. 799, §§1-3.)

Last modified: May 3, 2021