Code of Alabama - Title 45: Local Laws - Section 45-44-81.02 - Solicitor's fee

Section 45-44-81.02 - Solicitor's fee.

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Macon County, a docket fee, hereinafter referred to as a solicitor's fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly as follows: Three dollars ($3) of the fee assessed in each case shall be distributed to the Macon County Circuit Clerk for operation of the office of the circuit clerk, three dollars ($3) of the fee assessed in each case prosecuted in the Notasulga Municipal Court shall be distributed by the municipal court to the Town of Notasulga to be used by the town for payment of expenses incurred by the town for training and continuing education expenses for the Notasulga Municipal Court Clerk and Magistrate, and the remainder of any fees shall be distributed to the Solicitor's Fund or District Attorney's Fund in the county where the fee is collected or to the fund that may be hereafter prescribed by law for the solicitor's fee, and such funds shall be expended in Macon County. The solicitor's fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund.

(b) The solicitor's fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor's fee shall be in addition to and not in lieu of any other fees or costs. The solicitor's fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonably foreseeable future.

(c) The solicitor's fee may be expended, as the district attorney sees fit, for the payment of any and all expenses incurred by the district attorney for law enforcement and in the discharge of the duties of the office.

(Act 2009-341, p. 660, §§ 1-3; Act 2009-347, p. 670, §§ 1-3; Act 2012-328, p. 776, § 1.)

Last modified: May 3, 2021