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1971 Arkansas Attorney General Reports and Opinions 1 (1971)

handle is hein.sag/sagar0037 and id is 1 raw text is: oirsca or April 1, 1971 JgI.3un~ Honorable A. R. McKenzie Office of Mayor Sheridan, Arkansas 72150 Dear Mayor McKenzies Your letter to the Attorney General has been assigned to me for reply wherein you submitted the following: As you know we have a Municipal Judge in Grant County. The City of Sheridan pays one half of the expense of the Judge and his secretary. It is my opinion that no matter if the Sheriff or State Police make the arrest all fines collected for arrest with- in the city limits should be paid to the City. Am I right or wrong? Also I am not asking for myself or Grant County because we do have Municipal Court and the Mayor takes no part in court. But I have been informed that in some counties with Munic- ipal Court the Mayor still holds Mayor's Court and collects the regular fee. This I under- stand is illegal. Am I right? In response to your first question Ark. Stat. Ann. S 22-719 covers the distribution of fines imposed by the Municipal Court. A copy is enclosed for your inspection. Under this statute, you will note that the distribution of fines is divided into two classes. Under the first class, for example, if a City policeman or a State policemen makes an arrest for an offense committed within the city limits, the City gets the fine regardless of whether the offense involved a City ordinance or a State law. Under the second class, for example, if a Sheriff or Constable makes an arrest for a State offense committed in the city limits, the fine goes to the County. Likewise, where the offense was committed outside the city limits and the arrest is made by a State policeman, Sheriff or Constable, the fine would go to the County. Responsive to your second question, mayors of cities of the second class have the same jurisdiction as a justice of the peace, Ark. Stat. Ann. S 19-1102.

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