T31CH32
Title 31 > T31CH32
Sections (28)
31-3201
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201. Clerk of district court — Fees. (1) The clerk of the district court shall lawfully charge, demand and receive the following fees for services rendered by him in discharging the duties imposed upon him by law: For filing and docketing abstract or transcript of judgment from another court For issuing execution upon an abstract or transcript of judgment and filing same on return For recording execution issued upon abstract or transcript of judgment, per page For taking affidavits, including jurat For taking acknowledgments, including seal For filing and indexing designation of agent of foreign corporation . For filing and indexing notarial statement For making copy of any file or record, per page For comparing and conforming a prepared copy of any file or record, per page For certifying the same an additional fee for certificate and seal . For all services not herein enumerated, and of him lawfully required, the clerk of the district court shall demand and receive such fees as are herein allowed for similar services. (2) All fees collected under the provisions of this section shall be paid over to the county treasurer at the same time and in the same manner as other fees. (3) In addition to all other fines, forfeitures and costs levied by the court, the clerk of the district court shall collect ten dollars (5.00) on other infractions to be paid over to the county treasurer at the same time and in the same manner as other fees, for the support of the county justice fund, or the current expense fund if no county justice fund has been established, and shall collect ten dollars (2.00) shall be imposed on each monthly installment of criminal or infraction fines, forfeitures, and other costs paid on a monthly basis. (5) Provided further, in addition to all other fines, forfeitures and costs levied by the court, the clerk of the district court shall collect ten dollars ($10.00) as a court technology fee on each criminal and infraction offense to be paid over to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fee to the state treasurer for deposit into the court technology fund. History: [(31-3201) 1890-1891, p. 174, sec. 1; reen. 1899, p. 116, sec. 1; am. R.C., sec. 2121; am. 1909, p. 22, sec. 1; am. 1917, ch. 36, sec. 5, p. 83; compiled and reen. C.L., sec. 2121; C.S., sec. 3702; am. 1931, ch. 217, sec. 1,
31-3201A
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201A. Court fees. The clerk of the district court, in addition to the fees and charges imposed by chapter 20, title 1 , Idaho Code, and by section 31-3201 , Idaho Code, and in addition to the fee levied by chapter 2, title 73 , Idaho Code, shall charge, demand and receive the following fees for services rendered by him in discharging the duties imposed upon him by law: (1) Civil cases. A fee of one hundred seventy-five dollars (120), with the following exceptions: (a) The fee for small claims shall be as provided in section 1-2303 , Idaho Code; (b) No filing fee shall be charged in the following types of cases: (i) Cases brought under chapter 3, title 66 , Idaho Code, for commitment of mentally ill persons; (ii) Cases brought under the juvenile corrections act; (iii) Cases brought under the child protective act; (iv) Demands for bond before a personal representative is appointed in probate; (v) Petitions for sterilization; (vi) Petitions for judicial consent to abortion; (vii) Registration of trusts and renunciations; (viii) Petitions for leave to compromise the disputed claim of a minor; (ix) Petitions for a civil protection order or to enforce a foreign civil protection order pursuant to chapter 63, title 39 , Idaho Code; (x) Objections to the appointment of a guardian filed by a minor or an incapacitated person; (xi) Proceedings to suspend a license for nonpayment of child support pursuant to section 7-1405 , Idaho Code; (xii) Proceedings under the uniform post-conviction procedure act as provided in chapter 49, title 19 , Idaho Code; (xiii) Filings of a custody decree from another state; and (xiv) Filings of any answer after an initial appearance fee has been paid. The filing fee shall be distributed as follows: twenty-three dollars (6.00) of such twenty-three dollars (1.00) of such filing fee shall be paid to the peace officers standards and training fund established in section 19-5116 , Idaho Code; one hundred thirty-five dollars (80.00) of such filing fee, shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in
31-3201B
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201B. Peace officers standards and training — Fee. The court shall charge a fee of fifteen dollars ($15.00) for peace officers standards and training purposes to be paid by each person found guilty of any felony or misdemeanor, or found to have committed an infraction or any minor traffic, conservation or ordinance violation, except for cars unlawfully left or parked or when the court orders such fee waived because the person is indigent and unable to pay such fee; provided, however, that the judge or magistrate may in his discretion consolidate separate nonmoving traffic offenses into one (1) offense for purposes of assessing such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the peace officers standards and training fund. History: [31-3201B, added 1983, ch. 117, sec. 3, p. 261; am. 1989, ch. 84, sec. 1, p. 145; am. 1994, ch. 193, sec. 1, p. 623; am. 2005, ch. 114, sec. 3, p. 371; am. 2012, ch. 159, sec. 1, p. 435; am. 2023, ch. 78, sec. 5, p. 266.]
31-3201C
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201C. Community service fee. The court shall charge a fee of sixty cents (60¢) per hour of community service to be remitted to the state insurance fund for purposes of providing worker’s compensation insurance for persons performing community service; however, if a county is self-insured and provides worker’s compensation insurance for persons performing community service, then remittance to the state insurance fund is not required. This per hour fee shall be paid by each person found guilty of any felony or misdemeanor and community service is provided as part of the sanction or as a condition of a withheld judgment or probation. The court may waive such fee if it determines the person is indigent and unable to pay such fee. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the district court and deposited in the county treasury for payment to the state insurance fund. History: [31-3201C, added 1994, ch. 233, sec. 1, p. 725; am. 2000, ch. 33, sec. 1, p. 61; am. 2009, ch. 154, sec. 3, p. 452.]
31-3201D
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201D. County misdemeanor probation supervision fee. (1) Any person under a supervised probation program for a misdemeanor offense shall be required to pay an amount not more than the maximum monthly felony probation or parole supervision fee set forth in section 20-225 , Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a misdemeanor probation supervision fee. Any failure to pay such fee shall constitute grounds for the revocation of probation by the court, but this shall not be the exclusive remedy for its collection. The court for good cause may exempt a person from the payment of all or any part of the foregoing fee. (2) Any fee paid under this section on or after July 1, 2008, and regardless of whether the underlying judgment of conviction, withheld judgment or order imposing probation was entered before or after that date, shall be paid to the clerk of the district court, who shall pay the first one dollar ($1.00) of each monthly payment to the state treasurer for deposit in the peace officers standards and training fund authorized in section 19-5116 , Idaho Code, to help offset the costs to counties for the basic training, continuing education and certification of misdemeanor probation officers, whether those officers are employees of or by private sector contract with a county; the clerk of the district court shall deposit the remainder of each monthly payment into the county misdemeanor probation fund which is hereby created in each county, or, at the option of the board of county commissioners, deposited in the county justice fund to be used for the purposes described in this section. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county misdemeanor probation services and related purposes. (3) This section shall not restrict the court from ordering the payment of other costs and fees, including but not limited to electronic monitoring fees and other fees pursuant to section 19-2608 , Idaho Code, that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole. Such additional costs and fees shall be paid to the clerk of the court if services are provided by the county or directly to the agency providing the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered. History: [31-3201D, added 1998, ch. 144, sec. 1, p. 515; am. 2008, ch. 88, sec. 6, p. 247; am. 2011, ch. 128, sec. 2, p. 354; am. 2012, ch. 109, sec. 4, p. 300; am. 2020, ch. 281, sec. 3, p. 819.]
31-3201E
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201E. Drug court and mental health court fee — Drug court and mental health court fund. Each person admitted into a drug court or mental health court shall pay a drug court and mental health court fee in an amount not to exceed three hundred dollars ($300) per month or a lesser amount as set by the administrative district judge for participants in the drug court and mental health court. For good cause, the judge presiding over a drug court or mental health court may exempt a participant from paying all or a portion of the drug court and mental health court fee. The fee imposed under this section shall be paid to the clerk of the district court for deposit into the county drug court and mental health court fund which is hereby created in each county that has a drug court or mental health court. Moneys in this fund may be accumulated from year to year and shall be expended exclusively for expenses incurred in connection with the drug court or mental health court including, but not limited to, substance abuse treatment, mental health treatment, drug testing, supervision and private counseling services utilized by the drug court or mental health court. Any failure to pay the drug court and mental health court fee may constitute grounds for termination from drug court or mental health court by the court, provided this shall not be the exclusive remedy for collection of the fee. If a participant is terminated from the drug court or mental health court prior to successful completion of the program and a judgment of conviction is entered against the defendant, any unpaid drug court and mental health court fee shall be ordered by the court in the judgment of conviction, provided the court may order such fee to be waived if the court determines that the person is indigent and unable to pay the fee. Such fee shall be in addition to all other fines and fees levied, and the payment of such fee may also be ordered as a term and condition of probation. History: [31-3201E, added 2001, ch. 337, sec. 2, p. 1198; am. 2004, ch. 249, sec. 1, p. 715; am. 2005, ch. 358, sec. 9, p. 1132.]
31-3201F
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201F. Abandoned vehicle fee. The court shall charge a fee of one hundred fifty dollars ($150) for reimbursement of expenses incurred in the disposition of an abandoned vehicle to be paid by each person found to have committed a traffic infraction according to the provisions of section 49-1802 , Idaho Code. Such fees shall be in addition to all other fines and fees levied. Such fees shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit to the abandoned vehicle trust account. Each fee shall be accompanied by a record of the conviction. History: [31-3201F, added 2002, ch. 366, sec. 1, p. 1033.]
31-3201G
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201G. guardianship and conservatorship project FUND. (1) In addition to any other filing and reporting fees applicable to guardianships and conservatorships, the court shall charge the following fees: (a) Fifty dollars (41.00) for reports required to be filed with the court by conservators; and (c) Twenty-five dollars ($25.00) for reports required to be filed with the court by guardians. (2) The additional fees set forth in paragraphs (a), (b) and (c) of subsection (1) of this section shall be paid to the county treasurer, who shall pay such fees to the state treasurer for deposit in the guardianship and conservatorship project fund, which is hereby created in the state treasury. The fund shall be administered by the Idaho supreme court and shall consist of fees as provided in this section, any moneys recovered pursuant to section 15-5-314 (2), Idaho Code, and any funds as may be appropriated by the legislature, grants, donations and moneys from other sources. (3) Moneys in the fund shall be expended exclusively for the development of a project which shall be designed to improve reporting and monitoring systems and processes for the protection of persons and their assets where a guardian or conservator has been appointed. Elements of the project may include, but are not limited to, the following: (a) The adoption of standards of practice for guardians; (b) A requirement that guardians be registered; (c) Consideration of an office of the public guardian in counties in which the project operates; (d) A review of the strengths of Idaho law regarding the treatment and care of developmentally disabled persons; and (e) If federal or grant funding is available, funding for adult protection services to seek guardians in cases for which volunteers cannot be enlisted. (4) The supreme court shall report annually to the senate judiciary and rules committee and the house judiciary, rules and administration committee regarding the progress of the project. History: [31-3201G, added 2005, ch. 55, sec. 1, p. 209; am. 2014, ch. 164, sec. 6, p. 464.]
31-3201H
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201H. surcharge fee. (1) The court shall charge a surcharge fee to be paid by each defendant for each criminal offense or infraction committed on or after April 15, 2010, for which the defendant is found or pleads guilty. Such fee shall be in addition to all other fines and fees levied. (2) The amount of the surcharge fee shall be as follows: (a) For each felony, the fee shall be one hundred dollars (50.00); and (c) For each infraction, except each infraction under section 18-8001 or 49-301 , Idaho Code, or each first-time infraction under section 23-604 or 23-949 , Idaho Code, the fee shall be ten dollars ($10.00). (3) The fee shall be collected by the clerk of the district court and shall be paid to the county treasurer, who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer, who shall deposit eighty percent (80%) of such fees in the state general fund and twenty percent (20%) of such fees in the court technology fund created by section 1-1623 , Idaho Code. History: [31-3201H, added 2010, ch. 205, sec. 3, p. 446; am. 2013, ch. 80, sec. 1, p. 199; am. 2014, ch. 190, sec. 7, p. 513; am. 2016, ch. 34, sec. 1, p. 84; am. 2016, ch. 344, sec. 8, p. 995; am. 2018, ch. 298, sec. 7, p. 713; am. 2023, ch. 78, sec. 6, p. 267.]
31-3201I
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201I. distribution of payments in criminal and infraction cases. When ordered by the court to make one (1) of the following payments in a criminal or infraction case, a defendant shall make the payment to the clerk of the court in which the judgment was entered. The judgment shall be satisfied accordingly by entry in the electronic docket of the court, and the clerk of the court shall remit daily all such payments to the county auditor who shall, at least monthly, distribute the payments received as required by statute. The distributions shall first completely satisfy the amounts due in the following order before distribution of payments for any other amounts owed to the court, and any payment applied to a category below in which more than one (1) payment was ordered shall be distributed in proportion to the relative amounts of such ordered payments: (1) Fees for each felony, misdemeanor, and infraction paid pursuant to section 31-3201A (2) and (3), Idaho Code; (2) Fines or reimbursements paid for the crime victims compensation account pursuant to section 72-1025 , Idaho Code; (3) Misdemeanor probation supervision fees, including court-ordered costs and fees, paid pursuant to section 31-3201D , Idaho Code; (4) Pretrial release supervision fees paid pursuant to section 31-3201J , Idaho Code; (5) County drug and mental health fund fees paid pursuant to section 31-3201E , Idaho Code; (6) Fines paid for the peace officer and detention officer temporary disability fund pursuant to section 72-1105 , Idaho Code; (7) Restitution to victims of crime paid and distributed pursuant to section 19-5304 , Idaho Code, if paid through the clerk of the court; (8) Fines entered on behalf of victims in cases of crimes of violence paid pursuant to section 19-5307 , Idaho Code; (9) Community service fees paid pursuant to section 31-3201C , Idaho Code; (10) Victim notification fund fees paid pursuant to section 31-3204 , Idaho Code; (11) Court technology fees paid pursuant to section 31-3201 (5), Idaho Code; (12) Surcharge fees paid pursuant to section 31-3201H , Idaho Code; (13) Peace officers standards and training fees paid pursuant to section 31-3201B , Idaho Code; (14) Domestic violence court fees paid pursuant to section 32-1410 , Idaho Code; (15) Criminal and infraction fines; (16) Reimbursement for public defender costs paid pursuant to section 19-6011 (7), Idaho Code; (17) Costs of prosecution ordered as a condition of probation and paid pursuant to section 19-2601 , Idaho Code, and Idaho criminal rule 33(d)(2); (18) Domestic violence fines for the domestic violence project account paid pursuant to section 39-6312 , Idaho Code; (19) Drug hotline fees paid pursuant to section 37-2735A , Idaho Code; (20) Additional fish and game fines for the search and rescue fund paid pursuant to section 36-1405 , Idaho Code; (21) County administrative surcharge fees paid pursuant to section 31-3201 (3), Idaho Code; (22) Mot
31-3201J
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3201J. pretrial supervision fee. (1) Any person under a supervised pretrial release program may be required to pay an amount not more than the maximum monthly misdemeanor probation supervision fee set forth in section 31-3201D , Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, as a pretrial release supervision fee to cover the actual costs of supervising the defendant while in the supervised pretrial release program. (2) A defendant shall not be required to pay the pretrial supervision fee authorized in subsection (1) of this section until after a judgment of conviction or withheld judgment. (3) The pretrial supervision fee shall be paid to the clerk of the court, who shall pay such fees to the county treasurer. Such fees shall be used exclusively to cover the costs of the pretrial services provided by the pretrial services agency that has been designated to provide such services. (4) The court may also order the defendant to pay additional fees to cover the actual costs of electronic monitoring, alcohol testing, or drug testing if such monitoring or testing is a condition of the defendant’s release. Such additional fees may be paid to the clerk of the court or directly to the provider of the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered. (5) Based on a finding of indigence or other good cause, the court may exempt the defendant from the payment of all or any part of the fees authorized by this section, and no defendant shall be denied release or denied participation in a supervised pretrial release program because of an inability to pay the fees authorized by this section. Any unpaid pretrial services fee shall be considered a debt owed to the court and may be collected in the manner provided by law for the collection of such debts. History: [31-3201J, added 2019, ch. 217, sec. 3, p. 658; am. 2020, ch. 281, sec. 5, p. 821.]
31-3202
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3202. Clerk of district court — Exceptions to fee schedule. In any action instituted in the name of any county auditor, as trustee for the county for the foreclosure of any tax lien, no state stenographer’s fee must be charged or received by the clerk of the district court. History: [(31-3202) 1917, ch. 36, proviso in sec. 5, p. 83; reen. C.L., sec. 2121a; C.S., sec. 3703; I.C.A., sec. 30-2702.]
31-3203
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3203. Sheriff’s fees. The board of county commissioners of each respective county shall have the power to set sheriff’s fees by a resolution of the board for the services herein specified in an amount reasonably related to but not exceeding the actual costs of such service. The sheriff is allowed and may demand and receive such fees. In the event that the board of commissioners does not resolve to set fees by resolution as herein described, the sheriff is allowed and may demand and receive the fees hereinafter specified: For serving summons and complaint, or any other process by which an action or proceeding is commenced, on each defendant For serving an attachment on property, or levying an execution, except for a writ of wage garnishment or financial institution garnishment, or executing an order of arrest, or order for the delivery of personal property For his trouble and expense in taking and keeping possession of and preserving property under attachment or execution, or other process, such sum as the court may order: provided, however, that said sum shall be no more than five dollars (1,000), two percent (2%); on all sums above that amount, one percent (1%); but in no case of sale of real estate shall his commission exceed the sum of When the amount of such sale is credited on the debt and no money is transferred, then one-half (1/2) of such commission. For commissions for receiving and paying over money on execution without levy, except for a writ of wage garnishment or financial institution garnishment, or where lands or goods levied on are not sold, on the first one thousand dollars ($1,000), one and one-half percent (1 1/2%); and one-half (1/2) of one percent (1%) on all over that sum, but not to exceed in any case The fees herein allowed for the levy of an execution, costs for advertising and percentage for making or
31-3204
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3204. victim notification — fee. The court shall charge a fee of fifteen dollars ($15.00) for victim notification purposes to be paid by each person found guilty of each felony, misdemeanor or infraction under section 18-8001 or 49-301 , Idaho Code, or first-time infraction under section 23-604 or 23-949 , Idaho Code, except when the court orders such fee waived because the person is indigent and unable to pay such fee. Such fee shall be in addition to all other fines and fees levied. Such fee shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit in the state victim notification fund established in section 67-2912 , Idaho Code. History: [31-3204, added 2012, ch. 114, sec. 1, p. 316; am. 2014, ch. 335, sec. 1, p. 828; am. 2016, ch. 344, sec. 9, p. 996; am. 2018, ch. 298, sec. 8, p. 713; am. 2023, ch. 78, sec. 7, p. 267.]
31-3205
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3205. Recorder’s fees. (1) The county recorder is allowed and may receive for his services the following fees to be paid him by the party procuring his services: (a) Except as otherwise set forth in this section, for recording every instrument, paper or notice, for the first page For each additional page (b) For recording each of the following types of instruments, provided such instrument is thirty (30) pages or less: (i) Deeds, grants and transfers of title to real property (ii) Trust deeds or mortgages of real property, including fixture filings, security agreements and assignments of leases and rents if contained within the same instrument for recording (iii) Reconveyances of trust deeds, reconveyances of trust deeds that include a substitution of trustee if contained within the same instrument for recording, and releases of mortgages (iv) Substitution of a trustee (v) Powers of attorney For each additional page beyond thirty (30) pages for an instrument listed in this paragraph (c) For electronic copies (as defined in subsection (2) of this section) requested on a recurring basis, for each page or image (d) For copies of any record or paper, for each page (e) For each certificate under seal, when required (f) For release or assignment where more than one (1) document is released or assigned in the same instrument, for each additional release or assignment (g) For recording every town plat or map, for the first one hundred (100) lots or less For each additional lot (h) For taking acknowledgments, including seal (i) For filing a survey, for each page (j) For making a copy of a survey or highway right-of-way plat (k) For issuing marriage license, filing, recording and indexing the certificate of marriage and taking and filing affidavits required in issuance of the license (l) For administering an oath, including jurat And certifying the same when required, an additional fee of (m) For comparing and certifying a prepared copy of a file or record in his office, for each page (n) For each certificate under seal, an additional fee of (2) Electronic copies shall include copies provided via internet download, on a compact disc, zip disc, floppy disc, or other electronic means. The county recorder shall provide electronic copies if the record is maintained in electronic form and if the person specifically requests an electronic copy. (3) For duplication of recorded documents in paper, microfilm or microfiche format requested on a recurring basis in excess of one hundred (100) pages, the fee shall be negotiated between the county recorder and the purchaser of records. The fee shall not exceed the costs to the county recorder for the retrieval and duplication of the record. These negotiated fees shall be recommended by the county recorder and approved by the board of county commissioners. Any existing agreements for duplication of paper, microfilm or microfiche documents in excess of one hundred (100)
31-3206
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3206. Recorder — Exceptions to fee schedule. Each county recorder shall record, free of charge, all clear lists of lands granted to the state by the United States. History: [(31-3206) 1911, ch. 63, part of sec. 1, p. 184; compiled and reen. C.L., sec. 2124a; C.S., sec. 3707; am. 1921, ch. 13, sec. 1, p. 12; I.C.A., sec. 30-2706.]
31-3207
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3207. Auditor’s fees. For services as county auditor, not enumerated in this chapter, the fee fixed by the statute requiring the service shall be charged and collected, or the same fee as allowed the county recorder as provided by section 31-3205 , Idaho Code, shall be charged and collected. History: [(31-3207) 1890-1891, p. 174, sec. 4; reen. 1899, p. 116, sec. 4; modified by 1899, p. 405; compiled R.C., sec. 2124; reen. 1911, ch. 173, sec. 1, p. 567; compiled and reen. C.L., sec. 2124b; C.S., sec. 3708; I.C.A., sec. 30-2707; am. 1989, ch. 72, sec. 1, p. 116.]
31-3211
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3211. Fees to be prepaid — Exception — Penalty for official dereliction. The officers mentioned in this title are not in any case, except for the state or county, to perform any official services unless upon prepayment of the fees prescribed for such services by law, except as in the succeeding sections provided: provided further, that the attorney-general or any prosecuting attorney may cause subpoenas to be issued on behalf of the state, without paying or tendering fees in advance to any officers, and on such payment the officer must perform the services required. For every failure or refusal to perform official duty when the fees are tendered, the officer is liable on his official bond. History: [(31-3211) R.S., sec. 2137; modified by R.S., sec. 2146; am. and reen. R.C. & C.L., sec. 2128; C.S., sec. 3712; I.C.A., sec. 30-2711.]
31-3212
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3212. Exceptions to fee schedule — Habeas corpus — State or any county of Idaho a party — Cost of transcripts. (1) No filing or recording fee of any kind shall be charged or received by any county officer mentioned in this chapter for duties performed or services rendered in proceedings in habeas corpus, unless the habeas corpus petitioner is a prisoner as defined in section 31-3220A , Idaho Code. (2) County officers shall not charge any fee against, or receive any compensation whatever from, the state or any county of Idaho for any services rendered in any action or proceeding in which the state of Idaho, or any state board, or state officer in his official capacity, or any county of Idaho, or county officer in his official capacity, is a party. (3) If the habeas corpus petitioner or appellant is a prisoner, and is not an indigent prisoner as defined in section 31-3220A , Idaho Code, the prisoner may be required to pay all or part of the filing fees on appeal as set forth in sections 31-3201 and 31-3201A , Idaho Code. If the appellant is an indigent prisoner, as found by the court under section 31-3220A , Idaho Code, the transcript on appeal will be paid for as provided in section 1-1105 (2), Idaho Code. (4) In habeas corpus cases on appeal to the supreme court of the state of Idaho, in which the appellant is not a prisoner but is otherwise restrained of his liberty by any public officer, the transcript for use on the appeal will be paid for by the appellant. If the appellant under this paragraph is indigent, the transcript and/or record for use on the appeal will be paid for in the manner as provided in section 1-1105 (2), Idaho Code. (5) In habeas corpus cases on appeal to the supreme court of the state of Idaho, in which the custody of children is in controversy, the appellant, unless he be indigent, shall pay for the record on appeal. If the appellant under this paragraph is indigent, the record and/or transcript will be paid for as provided in section 1-1105 (2), Idaho Code. History: [(31-3212) R.S., sec. 2138; am. 1901, p. 162, sec. 1; reen. R.C. & C.L., sec. 2129; C.S., sec. 3713; I.C.A., sec. 30-2712; am. 1967, ch. 52, sec. 1, p. 98; am. 1982, ch. 281, sec. 1, p. 715; am. 1996, ch. 420, sec. 5, p. 1401.]
31-3213
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3213. Pensioners exempt from paying fee — Penalty for charging. No judge or clerk of court, county clerk, county auditor or any other county officer shall be allowed to charge any honorably discharged male or female veteran who had active service in any war or conflict officially engaged in by the government of the United States or their dependents or legal representative thereof, any fee for administering any oath or giving any official certificate for the procuring of any pension, bounty or back pay, nor for administering any oath or oaths and giving the certificate required upon any voucher for collection of periodical dues from the pension agent, nor any fee for services rendered in perfecting any voucher. Any such officer who may require and accept fees for such services shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than ten dollars (50.00). History: [(31-3213) 1895, p. 36, secs. 1, 2; reen. 1899, p. 242, secs. 1, 2; reen. R.C. & C.L., sec. 2129a; C.S., sec. 3714; I.C.A., sec. 30-2713; am. 1969, ch. 24, sec. 1, p. 48.]
31-3214
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3214. Table of fees — Officers to publish — Penalty for neglect. Every officer whose fees are herein ascertained must publish and set up in his office fair tables of his fees, according to this title, within one (1) month after he enters upon the duties of his office, in some conspicuous place, for inspection of all persons who have business in his office, upon pain of forfeiting for each day a sum not exceeding twenty dollars ($20.00), which may be recovered by any person by action before any justice of the peace of the same county, with costs. History: [(31-3214) R.S., sec. 2139; reen. R.C. & C.L., sec. 2130; C.S., sec. 3715; I.C.A., sec. 30-2714.]
31-3215
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3215. Execution for fees. If any clerk, sheriff, justice of the peace, or constable, shall not have received any fees which may be due him for services rendered in any suit or proceeding, he may have execution therefor, in his own name, against the party from whom they are due, to be issued from the court in which the action is pending. History: [(31-3215) R.S., sec. 2140; reen. R.C. & C.L., sec. 2131; C.S., sec. 3716; I.C.A., sec. 30-2715; am. 1970, ch. 120, sec. 13, p. 284.]
31-3217
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3217. Limitation on mileage of officer. When any sheriff, constable or coroner serves more than one (1) process in the same case, not requiring more than one (1) journey from his office, he shall receive mileage only for the most distant service. History: [(31-3217) R.S., sec. 2142; reen. R.C. & C.L., sec. 2133; C.S., sec. 3718; I.C.A., sec. 30-2717.]
31-3218
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3218. Receipt for fees. Every officer upon receiving any fees for official duty or services, may be required by the person making the same to make out in writing and deliver to such person a particular account of such fees, specifying for what they respectively accrued, and shall receipt for the same; and if he refuses or neglects to do so, when required, or shall receive illegal fees, he shall be liable to the party paying for three (3) times the amount so paid. History: [(31-3218) R.S., sec. 2144; reen. R.C. & C.L., sec. 2134; C.S., sec. 3719; I.C.A., sec. 30-2718.]
31-3219
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3219. Photographic copies of records — Fees. The county recorder, and the clerk of the district court, is allowed, and may receive for his services, the following fees, to be paid him by the party procuring his services: For photographic copies of any record the sum of $1.00 per page. History: [31-3219, added 1957, ch. 166, sec. 1, p. 300; am. 1959, ch. 66, sec. 1, p. 138.]
31-3220
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3220. Inability to pay fees — Definitions — Affidavit. (1) For purposes of this section, the following definitions shall apply: (a) Action means any civil suit, action, proceeding or appeal of any such action, including a habeas corpus action, but excluding proceedings brought pursuant to chapter 49, title 19 , Idaho Code. (b) Court means the district court (including its magistrates division), the court of appeals of Idaho or the supreme court of Idaho. (c) Frivolous means a claim which has no arguable basis in law or fact, or is substantially similar to a previous claim that has been dismissed with prejudice or is barred by res judicata or collateral estoppel. (d) Indigent means a person who is not a prisoner, as defined in section 31-3220A , Idaho Code, and who is found by the court to be unable to pay fees, costs or give security for the purpose of prepayment of fees, costs or security in a civil action. (e) Malicious means a claim which appears to be intended solely to harass the party. (2) The court may authorize the commencement or defense of any action without prepayment of fees, costs or security, by any indigent person not a prisoner, providing: (a) The person files an affidavit that he is indigent as provided in subsection (3) of this section, and unable to pay fees, costs or give security; and (b) The court finds, after informal inquiry, that the person is indigent for the purpose of prepayment of fees, costs or security. (3) The affidavit shall contain complete information as to: (a) The person’s identity; (b) The nature and amount of his income; (c) His spouse’s income; (d) The real and personal property owned; (e) His cash or checking accounts; (f) His dependents; (g) His debts; (h) His monthly expenses; (i) The nature of the action; (j) The affiant’s belief that he is entitled to redress. The affidavit shall also contain the following statements: I am unable to pay the court costs. I verify that the statements made in this affidavit are true and correct. The affidavit shall be sworn as required by law. (4) No fees, costs or security shall be waived at the commencement of an action if the court finds and certifies in writing that the action is frivolous, malicious or otherwise not taken in good faith. (5) Upon the filing of an affidavit as set forth in this section and a finding that the person is indigent, the court may direct that the expense of printing the record and/or transcript for use on appeal be paid out of the district court fund of the county in which the action was filed. (6) The officers of the court shall issue and serve all process, and perform all duties in cases in which the person is found by the court to be indigent. Witnesses shall attend as in other cases, and the same remedies shall be available in other civil cases. Payment of fees for service of process and witnesses, where required, shall be paid out of the district court fund of the county in which the a
31-3220A
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3220A. Prisoner payment of fees at time of filing of action — partial payment of fees — Dismissal of action. (1) For the purposes of this section, the following definitions shall apply: (a) Action means a civil suit, action, proceeding, or appeal of any such action, including habeas corpus, but excluding proceedings brought pursuant to chapter 49, title 19 , Idaho Code. (b) Inmate account means an account managed by officials of state, local or private correctional facilities, as defined in section 18-101A , Idaho Code, to which the prisoner has access to purchase personal property from the correctional facility’s commissary in addition to property and supplies provided by the county, state or private correctional facility to meet the prisoner’s basic needs. (c) Prisoner shall have the meaning provided in section 18-101A , Idaho Code. (2) A prisoner who seeks to file an action with partial payment of court fees required in sections 31-3201 and 31-3201A , Idaho Code, shall file the following at the time of filing of an action: (a) A motion to proceed on partial payment of court fees under this section; (b) An affidavit of inability to pay all court fees at the time of filing the action, containing complete information as to: (i) The prisoner’s identity; (ii) The nature and amount of the prisoner’s income; (iii) The prisoner’s spouse’s income; (iv) The real and personal property owned; (v) His cash or checking accounts; (vi) His dependents; (vii) His debts; (viii) His monthly expenses; (ix) The nature of the action; (x) The affiant’s belief that he is entitled to redress; The affidavit shall also contain the following statements: I am unable to pay all court costs at the time of filing the action. I verify that the statements made in this affidavit are true and correct. The affidavit shall be sworn as required by law; and (c) A certified copy of his inmate account that reflects the activity of his account over his period of incarceration or for twelve (12) months, whichever is less. The copy of the prisoner’s inmate account shall be certified by a custodian of inmate accounts of the office of the county sheriff, the department of correction, or the private correctional facility. Upon filing of the action and motion to proceed under this section, the prisoner shall also serve a copy of each document filed in compliance with this subsection upon counsel for the county sheriff, the department of correction, or the private correctional facility. (3) Upon review of the information provided and considering the prisoner’s ability to pay all court fees at the time of filing the action, the court shall order the prisoner to pay all or part of the court fees as set forth in sections 31-3201 and 31-3201A , Idaho Code. (4) If the court permits the prisoner’s action to proceed on partial payment of court fees, the court shall assess and, when funds exist, collect a partial payment of any court fees as set fort
31-3221
TITLE 31 COUNTIES AND COUNTY LAW CHAPTER 32 FEES 31-3221. Payments to court by credit card or debit card. (1) The clerk of the district court may accept payment of a debt owed to the court by a credit card or debit card. Any person making payment on a debt owed to the court by a credit card or debit card shall be assessed an electronic payment convenience fee established by the supreme court, which shall include, among other costs, the amount charged the court by the issuer for the use of the card. This fee may also be paid by credit card or debit card and included in the transaction for the payment of the debt owed to the court. The electronic payment convenience fee shall be separate from the debt owed to the court and shall be used for the implementation of the provisions of this section. The debt owed to the court shall not be expunged, canceled, released, discharged or satisfied and any receipt or other evidence of payment shall be deemed conditional until the court has received final and unconditional payment of the full amount due from the financing agency or card issuer for the transaction. If an electronic payment once made is subsequently denied, revoked or otherwise canceled for any reason, and the payment is withdrawn from the court, the court may proceed as though payment had never been made. (2) Definitions. As used in this section: (a) Cardholder means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer. (b) Credit card means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit. (c) Debit card means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds. (d) Debt owed to the court means any assessment of fines, court costs, surcharges, penalties, fees, restitution, cash deposit of bail, moneys expended in providing counsel and other defense services to indigent defendants, or other charges that a court judgment has ordered to be paid to the court or that a party has agreed to pay in criminal or civil cases and includes any interest or penalty on such unpaid amounts as provided for in the judgment or by law. (e) Issuer means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card. (3) The supreme court may adopt rules as deemed appropriate for the administration of this section and may enter into contracts with an issuer or other organization to implement the provisions of this section. History: [31-3221, added 2003, ch. 287, sec. 1, p. 777; am. 2006, ch. 73, sec. 2, p. 226; am. 2014, ch. 190, se