Title 7. Costs, Fines, and Forfeitures
(a) Determination by State Court Administrator; uniformity; collection by clerks.-
1) The State Court Administrator shall determine the amount of all court costs and charges for the circuit courts of the counties with the approval of the Board of Public Works. The fees and charges shall be uniform throughout the State.
(2) The Comptroller of the State shall require clerks of court to collect all fees required to be collected by law.
(b) Officials exempt from fees.- The clerk may not charge the State, any county, municipality, or Baltimore City any fee provided by this subtitle, unless the State, county, municipality, or Baltimore City first gives its consent.
(c) Fees for other services.- The clerk is entitled to a reasonable fee for performing any other service that is not enumerated in this subtitle or in §§ 3-601 through 3-603 of the Real Property Article of the Code.
(d) Surcharge.- The State Court Administrator, as part of the Administrator's determination of the amount of court costs and charges in civil cases, shall assess a surcharge that:
(1) May not be more than $25 per case; and
(2) Shall be deposited into the Maryland Legal Services Corporation Fund established under § 7-408 of this title.
(e) Parties aggrieved by fee.- If a party in a proceeding feels aggrieved by any fee permitted under this subtitle or by §§ 3-601 through 3-603 of the Real Property Article of the Code, the party may request a judge of that circuit court to determine the reasonableness of the fee.
[An. Code 1957, art. 36, § 12; 1973, 1st Sp. Sess., ch. 2, § 1; 1974, ch. 684, § 4; 1975, ch. 548, § 1; 1982, ch. 820, § 3; 1984, ch. 255; 1990, ch. 6, § 2; ch. 467; 1992, ch. 98; 1998, ch. 765; 2004, ch. 448.]
§ 7-301. Court costs.
(a) Traffic case.- The court costs in a traffic case, including parking and impounding cases and cases under § 21-202.1 of the Transportation Article in which costs are imposed, are $20. Such costs shall also be applicable to those cases in which the defendant elects to waive his right to trial and pay the fine or penalty deposit established by the Chief Judge of the District Court by administrative regulation. In an uncontested case under § 21-202.1 of the Transportation Article or uncontested parking or impounding case in which the fines are paid directly to a political subdivision or municipality, costs are $2.00, which costs shall be paid to and retained by the political subdivision or municipality. In an uncontested case in which the fine is paid directly to an agency of State government authorized by law to regulate parking of motor vehicles, the costs are $2.00. The fine and the costs shall be paid to the agency, which shall receive and account for these funds as in all other cases involving sums due the State through a State agency.
(b) Criminal case.-
(1) The court costs in a criminal case in which costs are imposed are $20.
(2) The costs shall be in addition to any costs imposed in a criminal case under the Criminal Injuries Compensation Act.
(c) Civil case.-
(1) The filing fees and costs in a civil case are those prescribed by law subject to modification by law, rule, or administrative regulation.
(2) The Chief Judge of the District Court shall assess a surcharge that:
(i) May not be more than:
1. $5 per summary ejectment case; and
2. $10 per case for all other civil cases; and
(ii) Shall be deposited into the Maryland Legal Services Corporation Fund established under § 7-408 of this title.
(3) The Court of Appeals may provide by rule for waiver of prepayment of filing fees and other costs in cases of indigency.
(d) Additional costs for bad checks.- When a person pays court costs or a fine with a check in any motor vehicle, criminal, or civil case in the District Court, and the check is returned to the court by the financial institution on which it is drawn because of insufficient funds in the account, or because the account has been closed or never existed, then the court may impose additional costs of $10 against the party issuing the check. These costs shall be in addition to any other penalty now prescribed by law.
(e) Payment into Law Enforcement and Correctional Training Fund.- The Comptroller shall establish a Law Enforcement and Correctional Training Fund, as provided in Title 8, Subtitle 3 of the Correctional Services Article, and the Comptroller shall pay into the Fund one-fourth of all court costs collected by the District Court under subsections (a) and (b) (1) of this section.
(f) Payment into Criminal Injuries Compensation Fund and Victim and Witness Protection and Relocation Fund.- The Comptroller shall annually pay from the court costs collected by the District Court under subsections (a) and (b) (1) of this section:
(1) $500,000 into the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article; and
(2) $125,000 into the Victim and Witness Protection and Relocation Fund established under § 11-905 of the Criminal Procedure Article.
[An. Code 1957, art. 26, § 150A; 1973, 1st Sp. Sess., ch. 2, § 1; 1974, ch. 693, §§ 2, 4; 1975, ch. 10, § 1; ch. 289, § 2; 1976, ch. 457; 1977, ch. 191; 1984, ch. 255; 1988, ch. 446; 1989, ch. 5, § 1; 1990, ch. 6, § 2; ch. 647; 1991, ch. 557, § 2; 1994, ch. 115, § 14; 1996, ch. 585, § 18; chs. 587, 588; 1997, ch. 315; 1998, ch. 21, § 1; ch. 765; 1999, ch. 64; 2001, ch. 35; 2004, ch. 448.]
§ 7-408. Maryland Legal Services Corporation Fund.
(a) Definition.- In this section, "Fund" means the Maryland Legal Services Corporation Fund.
(b) Establishment.- There is a Maryland Legal Services Corporation Fund.
(c) Composition.- The Fund consists of:
(1) Moneys deposited to the Fund from the surcharge assessed in civil cases under §§ 7-202 and 7-301 of this title;
(2) Moneys appropriated to the Fund under Article 10, § 45-O of the Code; and
(3) Interest on attorney trust accounts paid to the Fund under § 10-303 of the Business Occupations and Professions Article.
(d) Nonlapsing.- The Fund is a nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(e) Duties of Treasurer.- The Treasurer shall:
(1) Invest and reinvest the Fund in the same manner as other State funds; and
(2) Credit any investment earnings to the Fund.
(f) Administration.-
(1) The Fund shall be administered by the Administrative Office of the Courts.
(2) Expenditures from the Fund shall be made in accordance with an appropriation requested by the Judicial Branch of the State government under § 7-108 of the State Finance and Procurement Article and approved by the General Assembly in the annual State budget or by the budget amendment procedure under § 7-208.1 of the State Finance and Procurement Article.
(g) Use of moneys.- The moneys distributed to the Fund shall be used by the Maryland Legal Services Corporation to fund civil legal services to indigents as provided by Article 10, §§ 45A through 45-O of the Code.
[1998, ch. 765.]