Is it proper to charge a filing fee for affidavits and warrants of arrest in municipal court? 16-81-106 16-81-104. RESPONSE: No. A victim of crime should not have to pay a fee to bring the perpetrator to justice. Arkansas Constitution Art. 2, sec. 13.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET STEVE CLARK HERITAGE WEST BUILDING ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 - OPINION NO. 86-197 May 13, 1986 (501) 371-2007 Honorable Sam Pope -Prosecuting Attorney 315 North Cherry St. P.O. Box 148 Hamburg, AR 71646 - Dear Prosecutor Pope: This letter is written in response to your request for an Opinion concerning the propriety of charging a filing fee for affidavits and warrants of arrest in municipal court. Your letter stated that the Municipal Court of Lake Village > and Eudora, Arkansas, has a practice of requiring a filing. fee of $32.00 before filing affidavits for warrants of arrest arising out of this court. You stated this applies. _ to both felony and misdemeanor cases. You’ further state that numerous citizens have been unable to follow through on ’ " serious criminal violations because they have been unable to pay the filing fee. Your specific question is whether State __law allows this filing fee. Sates ees, a EEE EN ER ae ee Ark. Stat. Ann. §43-401 et. seq. (Repl. 1977), states: __persons charged with the commission of a public. offense, shall- be liable to be © ~..immediately arrested, and proceeded . against. «in. the - manner hereinafter directed. ce rn Furthermore, Ark. Stat. Ann. §43- 408, states: ‘Tt. shall. be the duty of a magistrate to issue. a warrant for the arrest of a- person. charged with the commission of a public offense, when, from his personal knowledge, or from information given him on oath, he shall be satisfied that there are reasonable grounds for believing the charge. Nothing in the statutes just cited or in the Arkansas Criminal Code in any way refers to a filing fee that must be accompanied by the affidavit for the warrant Such a fee does not appear to be authorized by State law, and in fact appears to be inconsistent with the teachings of Article 2, Every person is entitled to a certain remedy in the.laws for all .injuries or wrongs he may receive in his person, property or character; he ought to obtain justice freely, and without purchase, completely, and without denial, promptly, and without delay, conformably to the laws. of arrest. §13 of the Arkansas Constitution, which states: A victim of a crime should not be forced to pay a price to bring the perpetrator to justice. is not allowed by law and should not be charged. The SC/RKM/1 jm It appears such a fee foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Randel K. Miller Sincerely, STE LARK Attorney General tak