Counties prepare for battle over court fees

Monday, June 8, 1998 | 10:30 a.m.

A legislative panel studying fees, fines and forfeitures collected by Nevada courts wants to take that money and put it in the permanent school fund. That committee is headed by Assemblyman Bernie Anderson, D-Sparks, who's a school teacher.

But local officials say that would financially cripple justice and municipal courts around the state - including Carson City, which gets close to $400,000.

They made their arguments to the interim study committee in February, but Carson District Attorney Noel Waters says the panel recently voted to recommend legal changes to make sure every dollar generated by NHP citations goes into state coffers.

"They weren't listening. It's just a money grab," Waters said, adding that all of Nevada's district attorneys agree the money should be collected and spent to run local courts.

Carson Justice of the Peace Robey Willis says Nevada's judges agree. He said more than 50 judges have signed a letter urging the state not to take away revenue that helps support the prosecution and handling of state tickets.

The issue centers on traffic citations issued by highway patrol officers within local jurisdictions.

Local governments get the money when local police issue the citations. They're also supposed to get the money when NHP troopers cite a motorist under local ordinance.

And no matter who issued the ticket, the local governments now get the money when a motorist decides not to fight it and just pay up since that's considered a bail forfeiture, not a fine.

But the committee wants to change the law so that any money generated by an NHP citation goes to the state.

Waters said that's not fair because the trooper spends only a few minutes writing the ticket and, since most people don't fight it, never even has to go to court.

"The state pays the officer but we pay the judge, the public defender, witnesses, the prosecutor, the cost of jail and administration," he said. "We have all the costs."

Carson City Finance Director Mary Walker said an independent audit proved that between jail time, prosecution, administrative paperwork and the public defender, the average ticket costs about $58 and the average amount collected is just under $39.

"It's already costing us $20 a ticket and now they want to take away the rest of the money," she said, adding that if the state takes away all the ticket revenue from Carson Justice and Municipal courts, it would cost local residents another $384,000 a year to maintain their courts.

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