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16-10-604. Procedure — City administration of justice funds.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-604. Procedure — City administration of justice funds.
(a)(1) Pursuant to § 16-10-308, each town or city which operates a district court is to create a city administration of justice fund.
(2)(A) Any town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established pursuant to § 16-10-308.
(B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of an ordinance that abolishes the department of district court for the town or city pursuant to state law.
(3) There shall be deposited into the fund:
(A) All receipts from the collection of uniform filing fees established by § 16-17-705 which are collected by the district court operated by the town or city; and
(B) All receipts from the collection of uniform court costs, established by § 16-10-305 which are collected by the county, town, or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the district court operated by the town or city.
(b) From the city administration of justice fund, the following fund transfers or disbursements shall be made on a monthly basis:
(1)(A) Pursuant to § 16-10-308(c), the Department of Finance and Administration will certify for each town or city the town's or city's monthly share of uniform court costs and filing fees to be retained by the town or city.
(B)(i) Each year the town or city council shall establish the amount of uniform filing fees and court costs to be appropriated to each of the town or city programs or agencies enumerated in § 16-10-308(b) from the town's or city's share of uniform court costs and filing fe
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-604
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-10-604
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 74e2f68373fd8b69db82ac78a3b01ebec0f36ba57dd53c8f2052932c2a26ff4d
Source location: content.xml paragraph 2767
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16-10-604. Procedure — City administration of justice funds.
(a)(1) Pursuant to § 16-10-308, each town or city which operates a district court is to create a city administration of justice fund.
(2)(A) Any town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established pursuant to § 16-10-308.
(B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of an ordinance that abolishes the department of district court for the town or city pursuant to state law.
(3) There shall be deposited into the fund:
(A) All receipts from the collection of uniform filing fees established by § 16-17-705 which are collected by the district court operated by the town or city; and
(B) All receipts from the collection of uniform court costs, established by § 16-10-305 which are collected by the county, town, or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the district court operated by the town or city.
(b) From the city administration of justice fund, the following fund transfers or disbursements shall be made on a monthly basis:
(1)(A) Pursuant to § 16-10-308(c), the Department of Finance and Administration will certify for each town or city the town's or city's monthly share of uniform court costs and filing fees to be retained by the town or city.
(B)(i) Each year the town or city council shall establish the amount of uniform filing fees and court costs to be appropriated to each of the town or city programs or agencies enumerated in § 16-10-308(b) from the town's or city's share of uniform court costs and filing fees.
(ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-308(b).
(C) Each program or agency shall be paid, by warrant or fund transfer, a monthly installment of at least one-twelfth (1/12) of the annual appropriation provided for each by the town or city council;
(2)(A) Pursuant to § 16-10-308(b)(5), the town or city shall remit to the county treasurer for deposit into the county administration of justice fund a portion of the town's or city's share of uniform court costs and filing fees.
(B) The amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to the county to fund county-level programs and agencies during the base year defined in § 16-10-308(b).
(C) By common agreement, towns, cities, and counties may establish a different fixed dollar amount or percentage of the town's or city's monthly share of filing fees and court costs which shall be remitted to the county treasurer;
(3) For the calendar year beginning January 1, 1998, the amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to fund county-level programs and agencies during the base year defined in § 16-10-308(b), less eighty-five percent (85%) of the total dollar amount which was certified by the town or city as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender and public defender investigator; and
(4) The excess of the monthly receipts into the fund, less the town's or city's certified monthly share, shall be remitted to the department, pursuant to § 16-10-308(e).
(c)(1) If a district court is operated solely by a county rather than a town or city and all of the uniform court costs and filing fees collected by the court are remitted to the county, the town or city shall not be required to create a city administration of justice fund.
(2) The town's or city's share of uniform court costs and filing fees shall be remitted directly to the county treasurer for deposit into the county administration of justice fund.
(d)(1)(A) For any district court which was created after January 1, 1994, such that the base year used to calculate the town's or city's share pursuant to § 16-10-308 was not complete, the town or city share shall be deemed to be fifty percent (50%) of the uniform court costs and filing fees collected and remitted to the city administration of justice fund.
(B) District courts created pursuant to § 16-17-901 et seq. shall not be considered for purposes of this section to have been created after January 1, 1994, or to have a base year that is not complete if the district court is merely a continuation of a district or city court that was in existence on December 31, 2007, or December 31, 2011 .
(C) From the fifty-percent share described in subdivision (d)(1)(A) of this section, the town or city shall disburse or transfer fifty percent (50%) of the funds to the local programs or agencies pursuant to subdivision (b)(1) of this section and fifty percent (50%) to the county treasurer pursuant to subdivision (b)(2) of this section.
(2) The remaining fifty percent (50%) shall be remitted to the Department of Finance and Administration, pursuant to § 16-10-308(e).
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-305. Court costs.
(a) There shall be levied and collected the following court costs from each defendant upon each conviction, each plea of guilty or nolo contendere, or each forfeiture of bond:
(1) In circuit court, one hundred fifty dollars ($150) for a misdemeanor or felony violation of state law, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114;
(E) Section 15-42-127; or
(F) Section 27-37-701 et seq.;
(2) In district court, one hundred dollars ($100) for an offense that is a misdemeanor or violation of state law, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114;
(E) Section 15-42-127; or
(F) Section 27-37-701 et seq.;
(3) In circuit court or district court, seventy-five dollars ($75.00) for a traffic offense that is a misdemeanor or violation under state law or local ordinance, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114;
(E) Section 15-42-127; or
(F) Section 27-37-701 et seq.;
(4) In district court, for a nontraffic offense that is a misdemeanor or violation under local ordinance, twenty-five dollars ($25.00);
(5) In circuit court or district court, three hundred dollars ($300) for violations of:
(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114; or
(E) Section 15-42-127;
(6)(A) In circuit court o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-10-305. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-308. City administration of justice fund.
(a)(1) There is hereby created in each town or city which operates a district court a fund in the office of the city treasurer to be known as the “city administration of justice fund”.
(2)
(A) A town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established by this section.
(B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of the ordinance that abolishes the department of district court for that town or city pursuant to state law.
(b) The city administration of justice fund shall be used to defray a part of the expense of the administration of justice in the town or city. From the fund, the town or city shall continue to finance the following town or city agencies and programs which are currently funded, in whole or in part, by filing fees and court costs, at a funding level equal to not less than the greater of the amount which was collected by the town or city from court costs and filing fees for the agency or program in the calendar year ending December 31, 1994, or the amount appropriated by ordinance enacted prior to December 31, 1994, to the agency or program for the calendar year ending December 31, 1995:
(1) The municipal court judge and clerk retirement fund for disbursement as otherwise provided by law;
(2) The police and fire pension fund;
(3) The intoxication detection equipment fund;
(4) All municipal-level programs and agencies funded in whole or in part by court costs and filing fees assessed and collected by the district court, notwithstanding the repeal by this act of laws authorizing the collection of court costs a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-308
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-10-308. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-709. Responsibility for collection.
(a)(1)(A)(i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state.
(ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.
(iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court.
(B)(i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor.
(ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court.
(C)(i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant.
(ii) The court shall credit the defendant with the gross amount remitted to the private contractor.
(iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis.
(iv) Payment of the commission shall be through the county claims process.
(v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-709
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-13-709. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-17-705. Filing fees and costs.
(a)(1) The uniform filing fee to be charged by the clerks of the district courts for initiating a cause of action in district court in this state shall be as prescribed in this section.
(2) No portion of the filing fee shall be refunded.
(b)(1) For initiating a cause of action in the civil division of district court $65.00
(2) For initiating a cause of action in the small claims division of district court $50.00
(c) A town, city, or county shall not authorize and a district court clerk shall not assess or collect any other filing fees than those authorized by this section, unless specifically provided by state law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-17-705
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-17-705. This identifies an authority to review, not proof of applicability.