Alabama Attorney General Opinion 1979-0034

# OFFICE OF THE ATTORNEY GENERAL 79-00034 File #30 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS, JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT ADMINISTRATIVE BUILDING 64 NORTH UNION STREET MONTGOMERY, ALABAMA 36130 AREA (205), 834-9150 February 5, 1979 Honorable Calvin Steindorff Judge of Probate Chairman, Butler County Commission P.O. Box 6 Greenville, Alabama 36037 Counties - Cost and Fees- Clerks and Registers Claim by Circuit Clerk as Clerk of Inferior Court pre- sented 6 to 17 years after accrual can be paid. Dear Judge Steindorff: Your request relating to payment of fees to ex-officio Clerk of Inferior Court of Butler County was received by the Attorney General. You set out the following facts in your letter: On January 12, 1977, the Clerk of the Butler County Circuit Court, serving as ex-officio Clerk of the Inferior Court of Butler County, submitted a total of $5,706.00 of individual claims to the County for approval and payment from the County Fine and Forfeiture Fund. Of these claims, $5,035.00 of individual claims were for the Clerk's costs in "Rules of the Road" cases, which involved acquittals, nol prosses, or dismissals of cases during the period from 1961 through 1972. Each of the claims had been certified by the Judge of the Inferior Court of Butler County, which Honorable Calvin Steindorff February 5, 1979 Page 2 has now been abolished. The claims apparently comply with the forms prescribed by both Title 11, §83 and Title 15, §393 of the Code of Alabama of 1940 as last amended. You then asked these questions: 1. Are the claims of the ex-officio Clerk of the Inferior Court of Butler County against the Fine and Forfeiture Fund ones which are presently properly payable from the County Fine and Forfeiture Fund? 2. Does the county governing body have any discretion concerning the approval of these claims? Code of Alabama 1975, Section 11-12-8 provides: All claims against counties must be presented for allowance within 12 months after the time they accrue or become payable or the same are barred, unless it be a claim due to a minor or to a lunatic, who may present such a claim within 12 months after the removal of such disability. However, the Supreme Court of Alabama has held that where the law itself determines the fact and the amount of the claims, leaving nothing to be ascertained or determined by the county Board, then such claims do not fall within the limitations established by Section 11-12-8. Board of Revenue of Montgomery County v. Southern Bell Telephone & Telegraph Company, 200 Ala. 532, 76 So. 858. In opinions to Honorable Coma Garrett, Probate Judge, Clarke County, Quarterly Report of the Attorney General, Volume 15, page 289 and opinion to Honorable Grady Gorham, Clerk, Cullman County, Quarterly Report of Attorney General, Volume 17, page 38, the Attorney General held that the Clerk's fees and sheriff's fees were determined and established by law and not subject to review and audit by the county board of revenue. Honorable Calvin Steindorff February 5, 1979 Page 3 It is the opinion of the Attorney General that the claims of the ex-officio clerk against the Fine and Forfeiture Fund which you discussed in your letter are claims which were established and determined by law and are not subject to review by the County Commission or the time limitation of Section 11-12-8, supra. Therefore, these claims are properly payable from the County Fine and Forfeiture Fund. In answer to your second question, the above conclusion determines that the County Commission has no discretion concerning the approval of these claims. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, CHARLES A. GRADDICK Attorney General By LYNDA F. KNIGHT Assistant Attorney General LFK/lg