Saline County Arkansas
Code of Ordinances
1999
Chapter 10
COURTS*
ARTICLE I. IN GENERAL
Sec. 10-1--10-25. Reserved
Article II. Court Costs and Fees*
Sec. 10-26. Prosecution costs.
Sec. 10-27. Fee for representation of indigents.
Sec. 10-28. Fee for support of county jail.
Sec. 10-29. Costs for benefit of victims.
Sec. 10-30. Costs for jail fund.
Sec. 10-31. county sheriff official to collect fines and fees assessed in circuit and chancery courts.
Sec. 10-32--10-40 Reserved.
Article III. Public Defender System
Sec. 10-41. Created.
Sec. 10-42. Public defender; selected.
Sec. 10-43. Fund created; purpose.
Sec. 10-44. Fee imposed; disposition of funds.
Sec. 10-45. Salaries and expenses.
Sec. 10-46. Assistants and other staff.
Sec. 10-47. Part-time employment, etc.
*Cross references -- General penalty for ordinance violations, § 1-9; law enforcement, ch34.
Article II. Court Costs and Fees*
Cross references -- Finance, § 2-86 et seq.
Sec. 10-26. Prosecution costs.
(a) Pursuant to A.C.A. § 21-6-410, court costs in the following amounts are hereby levied on all convictions of felonies, misdemeanors and traffic offenses, in any court located in the county in addition to al other court costs now levied by law, when the prosecuting attorney or a deputy prosecutor is present or available to prosecute the case:
| (1) For each judgment obtained on complaint, information or otherwise in the name of the state or any county. | $ 5.00 |
| (2) For each conviction or indictment, presentment or information for misdemeanor or breach of peace. | $10.00 |
| (3) For each conviction in cases of gambling. | $25.00 |
| (4) For each conviction on indictment for any felony not capital. | $25.00 |
| (5) For each conviction of homicide, other than capital. | $35.00 |
| (6) For each conviction in capital cases. | $75.00 |
| (7) Ten percent of the amount of forfeited bail bonds and recognizance. |
(b) All clerks of any court in the county, including but not limited to the clerks of the Bryant Municipal Court, Benton Municipal Court, Saline Circuit Court, Saline Probate Court, Saline Chancery Court, Shannon Hills Court or Traskwood Court, are hereby directed to collect such fees as costs on any criminal action or traffic offense or on any person sentenced to the county jail.
(Ord. No. 91-78, §§ 1, 2, 11-26-91)
Sec. 10-27. Fee for representation if indigents.
(a) There is hereby levied a fee of $5.00 to finance the fund under this section to be collected as costs in each manner, civil or criminal, filed in the county circuit courts, chancery courts, probate courts or municipal court; provided however, no such fee shall be collected as costs in any action filed in the county small claims court.
(b) In accordance with the pursuant to the authority conferred by law, there shall be created and established a fund to be used for the sole purpose of paying reasonable and necessary costs incurred in the defense of indigent persons accused of criminal offenses and in the defense of indigent persons against whom involuntary commitment procedures for insanity or alcoholism, and for representation in civil and criminal matters of persons deemed incompetent by the courts, chancery courts, probate courts or municipal court, including but not limited to investigative expenses, expert witness fees and legal fees.
(Ord. No. 87-31, arts. 2, 3, 9-14-87)
State law reference --Authority for fee A.C.A. § 14-20-102.
Sec. 10-28. Fee for support of county jail.
There is hereby levied a fee of $10.00 on each conviction, commitment and forfeiture of bond, as set forth in A.C.A. § 12-41-617. All revenues collected on such fees shall be handled and deposited as set forth in such section.
(Ord. No. 81-7, art. 6, 4-13-78)
Cross reference -- County jail, § 34-31 et seq.
State law reference -- Authority for above fee, A.C.A. § 12-41-617.
Sec. 10-29. Costs for benefit of victims.
(a) Pursuant to A.C.A. § 16-21-106, there is hereby enacted by the court an additional court cost in each case filed in any court in the county in the amount of $5.00 per case. The cost is to be assessed and maintained pursuant to law.
(b) The cost assessed by this section is for the purpose of benefiting victims and witnesses of crimes in the county. The funds collected by this assessment shall be used in the creation and maintenance of a victim of crimes case coordinator or a division of the prosecuting attorneys office for victim-witness assistance. This coordinator is to provide technical assistance and support to all victims of crimes, their families and the witnesses to crimes who are involved in the criminal justice system.
(Ord. No. 91-72, §§ 1, 2, 11-19-91; Ord. No. 93-17, §§ 1, 2, 4-20-93)
Sec. 10-30. Cost for jail fund.
(a) Pursuant to Act 989 of 1981 and A.C.A. § 12-41-617, a court cost of $15.00 is hereby levied on all convictions of felonies and misdemeanors and traffic offenses, or if any person sentenced to the county jail, in addition to all other court costs now levied by law, on any criminal action or traffic offense filed in any court in the county.
(b) All revenues derived from this court cost shall be transmitted to the county treasurer and by him deposited in a special fund to be known as the county jail fund. All revenues deposited in this fund shall be sued solely and exclusively for the construction, maintenance, operation, furnishing and repair, including salaries, of the county detention facility.
(c) All clerks of any court in the county, including but not limited to the clerks of the Bryant Municipal Court, Benton Municipal Court, Saline Circuit Court, Saline Probate Court, Saline Chancery Court, Shannon Hills Court or Traskwood Court, are hereby directed to collect such fees as costs on any criminal action or traffic offense or on any person sentenced to the county jail.
Cross reference -- County jail, § 34-31 et seq.
Sec. 10-31. County sheriff official to collect fines and fees assessed in circuit and chancery courts.
The county sheriff is hereby designated as the elected official who will be responsible for collecting all fines and fees assessed in circuit and chancery courts. A $5.00 fee per month as authorized by Act 1262 of 1995 will be collected by the sheriff's office for the purpose of paying fines on an installment plan.
(Ord. No. 97-58, § 1, 12-16-97; 1, 12-16-97; Ord. No. 98-69, Art. 1, 10-20-98)
Secs. 10-32--10-40. Reserved.
ARTICLE III. PUBLIC DEFENDER SYSTEM
Sec. 10-41. Created.
There is hereby created in the county a public defender system. the public defender shall be appointed in municipal, circuit, chancery, probate and juvenile cases to represent indigent persons in criminal cases punishable by imprisonment and in juvenile cases and in come cases of involuntary commitments or admissions in probate or circuit court.
(Ord. No. 93-29, § 1, 7-29-93)
Sec. 10-42. Public defender; selected.
The public defender shall be selected by the circuit, chancery, probate and juvenile judges in the Seventh Judicial District and the county judge in accordance with Act 1193 of 1993.
(Ord. No. 93-29, § 2, 7-29-93)
Sec. 10-43. Fund created; purpose.
There shall be created on the books of the treasurer of the county a fund to be used for the purpose of paying reasonable and necessary costs incurred in the defense of indigent persons accused of criminal offenses and in the representation of persons against whom involuntary admission procedures for mental health or alcoholic/narcotic commitments or criminal commitments which have been brought and for representation of civil and criminal matters or persons deemed incompetent by the court due to minority or mental incapacity which have been brought in any circuit, chancery, probate or juvenile court, city or county divisions of municipal courts including but not limited to expert witnesses and legal fees.
(Ord. No. 93-29, § 3, 7-29-93)
Sec. 10-44. Fee imposed; disposition of funds.
(a) In addition to all other costs and fees provided by law, there is hereby imposed a fee in the sum of $5.00 to be taxed as costs in all civil cases filed and upon a person upon conviction, plea of guilty, plea of nolo contendere, or bond forfeiture, or bond forfeiture in felony, misdemeanor, traffic violation cases for violation of a state law or local ordinance, and violation of city ordinances, filed in any circuit, chancery, probate, municipal, city or police court within the county. No such cost shall be taxed as costs in any action filed in any small claims court. Eighty (80) percent of the funds collected pursuant to this section shall be credited to the funds created above by the county treasurer. Twenty (20) percent of the funds collected pursuant to this section shall be remitted to the state treasurer and credited to the public defender fund.
(b) In addition to all other costs and fees provided by law, there is hereby imposed a fee in the sum of $5.00 to be taxed as costs in all civil cases filed and upon a person upon conviction, plea of guilty, plea of nolo contendere, or bond forfeiture of felony, misdemeanor, traffic violation cases for violation of a state law or local ordinance, and violation of city ordinances, filed in any circuit, chancery, probate, municipal, city or police court within the county. No such cost shall be taxed as costs in any action filed in any small claims court. Monies collected pursuant to this section shall be deposited in the county hereinabove created.
(c) In addition to all other costs and fees provided by law, there is hereby imposed a fee in the sum of $4.00 to be taxed as costs upon a person upon conviction, pleas of guilty, plea of nolo contendere, or bond forfeiture in felony, misdemeanor, traffic violation cases for violation of a state law or local ordinance, and violation of city ordinances, files in any circuit, chancery, probate, municipal, city or police court within the county. No such costs in any action filed in any small claims court. Moneys collected pursuant to this section shall be deposited in the county fund hereinabove created and shall be paid to the public defender as part of the 75 percent contract amount as set forth in section 10-46 below. The public defender shall use the funds collected by this section to employ an investigator as required.
(Ord. No. 93-29, §§ 4--6, 7-29-93; Ord. No. 95-74, § 6, 10-17-95)
Sec. 10-45. Contract.
Saline County shall enter into contract with an attorney or attorneys to provide professional services in defending indigent defendants in all courts in Saline County and be designated as the Saline county Public Defender's Office.
(Ord. No. 93-29, § 7, 7-29-93; Ord. No. 95-74, § 7, 10-17-95)
Sec. 10-46. Assistants and other staff.
Saline County shall appropriate and pay to the public defender's office 75 percent of all money collected pursuant to this article. Out of this 75 percent of the public defender may employ assistants, investigators and other staff as necessary.
(Ord. No. 93-29, § 8, 7-29-93; Ord. No. 95-74, § 8, 10-17-95)
Sec. 10-47. Part-time employment, etc.
Trial public defenders shall be employed on a part-time bases. The public defender shall be hired and named in accordance with Act 1193 of 1993.
(Ord. No. 93-29, § 9, 7-29-93)
Chapter 1 - General Provisions
You are here: Chapter 10 - Courts
Chapter 14 - Emergency Services
Chapter 18 - Fire Prevention and Protection
Chapter 26 - Health and Sanitation
Chapter 30 - Historic Preservation
Chapter 46 - Parks and Recreation
Chapter 54 - Roads and Bridges
Chapter 62 - Traffic and Vehicles
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