Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 41-3831

Collection Attorney General Opinions and Advisory Letters
Date 07/08/1941
File Number 1941 Op. Att'y Gen. No. 41-3831

Decision Content

Opinion No. 41-3831

July 8, 1941

BY: EDWARD P. CHASE, Attorney General

TO: Mrs. Jennie M. Kirby Director, Department of Public Welfare Santa Fe, New Mexico

{*74} This will acknowledge receipt of your letter of June 24 wherein you inquire if it is necessary for the Department of Public Welfare to pay the various district court docketing fees on any official proceedings filed by the Department when the Department is performing certain duties charged to it by law.

This office has never ruled that it was necessary for any agency of the state acting in its official {*75} position to pay any docket fee. Section 34-342 of the 1929 Compilation specifically exempts any state agency from paying any such fee in the following language, "no costs or allowances shall be charged or taxed by any clerk against the state or any county * * *".

By HOWARD F. HOUK,

Asst. Atty. 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.