By Erin Smith
The Bladen County Board of Commissioners met on Monday and adopted a consent agenda item which will allow the county attorney to object to waivers of court costs and fees.
Attorney Leslie Johnson, who is with Johnson Law Firm and represents the County along with his son, Allen, said that in some parts of the state, fees and court costs are waived for defendants on a frequent basis.
“Sometimes it is abused,” said Johnson of the statute. He also noted that such fees are not waived often in Bladen County.
Court fees and other associated court costs can be waived under North Carolina law if the defendant’s attorney requests it. Court costs and fees varying depending on the type of crime a defendant is charged with committing.
According to legislation passed by the North Carolina General Assembly in the 2017 Appropriations Act, language was added which requires the court to notify government entities of the intent to waive any court costs or fees so the governing body can act and submit an objection. According to a memo, the court must notify the government entity at least 15 days prior to the action. The legislation took affect on December 1, 2017.
By adopting the item in the consent agenda on Monday, the County’s lawyer will have the ability to object should the courts in Bladen County notify the county they intend to waive any court costs or fees preventing a potential loss of revenue for the county.
A memo sent to Judges, District Attorneys, Clerk of Court Offices and Public Defenders by the North Carolina Administrative Office of the Court attempts to provide guidance for when the court should notify government entities of fee and court costs waivers. Read the memo in its entirety here.
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