Did the Commission retain its earlier opinion against assessing costs when a criminal case was dismissed?

Plain-English summary

The Commission reconsidered Advisory Opinion 80-94, which had addressed court costs when a criminal charge was dismissed or nolle prossed. The requester pointed to a later Code provision that appeared inconsistent with the earlier answer.

The Commission said the earlier rule reflected law as it stood in 1980, but that Act No. 81-353 and the quoted Code provision allowed a criminal dismissal order to be conditioned on payment of docket fees and other accrued costs. It withdrew Opinion 80-94.

The PDF first refers to “Section 12-10-150” but later quotes “Section 12-19-150(a)” and “Section 12-19-150(b).” This page preserves that discrepancy without resolving the citation.

Currency note

This opinion was issued in 1989, after the Alabama Supreme Court’s 1975 adoption of the Alabama Canons of Judicial Ethics. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context and verify the current Canons and linked opinion before relying on its conclusions.

Common questions

Q: What happened to Opinion 80-94?

A: The Commission withdrew it in this 1989 opinion.

Q: What statutory change did the Commission identify?

A: It quoted a provision allowing a dismissal order to be conditioned on payment of the docket fee and other accrued court costs.

Background and rules framework

The opinion discusses Advisory Opinion 80-94, Melton v. State, 30 Ala. App. 136, 1 So.2d 90 (1941), Act No. 81-353, and the printed Code section references. It does not cite a numbered judicial Canon.

See also

• AL Judicial Ethics Op. 89-384: Nolle Prosequi Rulings

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 89-374
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

89-374
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
May 31, 1989
Upon your request, the Judicial Inquiry Commission has reconsidered Advisory Opinion 80-94 concerning whether the Alabama Canons of Judicial Ethics prohibit a judge from assessing court costs against a criminal defendant upon the dismissal of the case against the defendant. You noted that Advisory Opinion 80-94 and Section 12-10-150, Code of Alabama, 1975 appear to be inconsistent. Upon examining the Advisory Opinion and the cited Code section as presently written, the Commission is in agreement and hereby withdraws and modifies the Advisory Opinion. Advisory Opinion 80-94 was released on December 15, 1980. At that time, under Alabama law, specifically Melton v. State, 30 Ala. App. 136, 1 So.2d 90 (1941) costs could not be assessed in criminal cases in which a nolle prosequi or a dismissal is entered in favor of the defendant. The rule in Melton appears to have been superseded by Act. No. 81-353 wherein the legislature established the public policy of this State as follows: “... The state does recognize that situations will arise from time to time wherein justice may best be served by allowing a judge to enter an order dismissing a case upon payment of costs by the defendant ...” Section 12-19-150(a), Code of Alabama, 1975. The legislature further, provided that: “... Such order (dismissing a criminal case) may be conditioned upon the defendant’s payment of the docket fee and other court costs accruing in the proceeding ...” Section 12-19-150(b). Based on this change in the law, Advisory Opinion 80-94 is hereby withdrawn. Sincerely, JUDICIAL INQUIRY COMMISSION