Alabama § 45-42-81.01 - Solicitor’s Fee.

§ 45-42-81.01. Solicitor’s Fee.

(a)(1) In all juvenile, traffic, criminal, and quasi-criminal cases that arise within the geographic boundaries of Limestone County in the juvenile, district, circuit, and municipal courts exercising jurisdiction within the geographic boundaries of Limestone County, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly as follows:

a. Three dollars ($3) from each case:

1. To the circuit clerk to be deposited into the circuit clerk’s fund; or

2. To the municipal court clerk to be deposited into the municipal clerk’s fund or the fund otherwise established for the operation of the office of the municipal court if the case originates and is disposed of in a municipal court; or

3. Apportioned so that one dollar ($1) from each case is distributed to the circuit clerk to be deposited into the circuit clerk’s fund, and two dollars ($2) from each case is distributed to the municipal court clerk to be deposited into the municipal clerk’s fund or the fund otherwise established for the operation of the office of the municipal court, to be used as provided by law for the operation of the office of the circuit court clerk or municipal court clerk as the case may be, if the case originates in a municipal court and is disposed of in a circuit court.

b. The remainder of each fee to the Solicitor’s Fund in Limestone County, the District Attorney’s Fund in Limestone County, or to the fund that may be hereafter prescribed by law for the solicitor’s fee.

(2) The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund. In no event shall the solicitor’s fee be less than an amount equal to the Fair Trial Tax Fund docket fees which are prescribed for an adjudication or finding of guilt of the criminal offense charged.

(b) The solicitor’s fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor’s fee shall be in addition to and not in lieu of any other fees or costs. The solicitor’s fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonably foreseeable future.

(c) The solicitor’s fee may be expended by the district attorney for the payment of any and all expenses incurred or for any legitimate law enforcement purpose.