Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 31-106

Collection Attorney General Opinions and Advisory Letters
Date 03/30/1931
File Number 1931 Op. Att'y Gen. No. 31-106

Decision Content

Opinion No. 31-106

March 30, 1931

BY: E. K. Neumann, Attorney General

TO: Miss Ruth S. Nye, County Clerk, Carlsbad, New Mexico.

{*58} We have your letter of March 18 in which you call attention to Section 34-343 of the 1929 Compilation and request information as to your authority for entering fees in criminal cases for papers filed in such criminal cases, such as motion, demurrer, etc.

Under the section cited, it is the opinion of this office that it is applicable to civil actions only and we are unable to find any authority by which the clerk of the court may impose fees in the instances mentioned by you.

In the absence of any statutory authority for the imposition of such fees, we believe it is not within the power of the clerk to make such charges.

By Frank H. Patton,

Assistant Attorney General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.