Alabama Attorney General Opinion 1979-0214

IT' )KPLTY :TTI:PNE1 SENF.:HAt, VVILLt.,NIMMCKURS.JH X E E ASSiST N T WA.Ln:n&TuANkA7 -EN- FAsasrArAiTORNEYGENERA‘ ANJ.:NOSL.ES AOM • N.STitRTivE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA MAY S I 1979 ADMINISTRATIVE BUILDING NORTA UNION STREET MONTGOMERY, ALABAMA 34130 AREA 12031, 11.34-11150 OF} ICE OF THE ATTORNEY GENERAL 4E4: 179-034/4 Honorable Jean A. Scott Circuit Clerk Twenty-Seventh Judicial Circuit P. 0. Drawer A Guntersville, Alabama 35976 Courts-Costs and Fees $5.00 service fee prescribed in Section 12-19-73, Code of Alabama 1975, may properly be charged to a defendant in a bond forfeiture action. Dear Ms. Scott: I have received your request for an opinion from this office of March 30, 1979, which reads as follows: "In accordance with Section 12-19-21, Code of Alabama 1975 and Rule 39 of Alabama Rules of Judicial Administration, the Administrative Office of Courts has provided circuit court clerks with forms for receipt and disbursement of court fees. These forms provide for the collection and distribution of a $5.00 service fee in criminal cases when a bond forfeiture has been issued. "The authority given for charging this fee is Sec. 12-19-73, Code of Alabama 1975: 'The following defendant service fees shall be collected in civil cases in circuit court and district court: For each defendant in excess of one where personal service is required, donorable Jean A. Scott Page Two there shall be collected a service fee of $5.00.' Please notice that this section deals with civil cases. "Section 12-19-171, Code of Alabama 1975 requires a $15.00 bond forfeiture fee in criminal cases. "Please give us an official opinion as to whether this $5.00 civil fee should be charged, along with the $15,00 bond forfeiture fee and an appro- priate criminal docket fee, to a de- fendant in a criminal case. "Your early consideration of this question will be appreciated." In response to your question, it is my opinion that the $5.00 fee for service of each additional defendant in a bond forfeiture proceeding is a proper charge. Although the initial $15.00 bond forfeiture fee is included in the Code of Alabama 1975 under costs and fees for criminal cases, a bond forfeiture proceeding is actually a civil action. It is distinct from the original case, which is usually criminal, and leads to a final civil judgment. See generally annotations to Section 15-13-81, Code of Alabama 1975. Therefore, the $5.00 fee prescribed by Section 12-19-73, Code of Alabama 1975 in civil cases is applicable in bond forfeiture proceedings. It is my understanding that the Administrative Office of Courts includes the bond forfeiture on its criminal cash sheets and forms in order to follow the Alabama Code as closely as possible and to track all proceedings inci- dent to the original criminal case as easily as possible. I hope that I have answered your question. Sincerely, CHARLES A. GRADDIC1C Attorney General By- LINDA C. BRELAND Assistant Attorney General LCB:bb