Request By:
Mr. Bill Stephens
County Fee Systems
Department of Finance
Capitol Annex
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
KRS 44.020 provides in part that after certain periods the "clerk of any court of the court of justice shall make out and certify an alphabetical list of all claims payable out of the state treasury that have been allowed by the court", and transmit the list to the Department of Finance, and no warrant for any claims requiring the approval of a court shall be issued until the list has been received by that department.
You request our opinion as to whether KRS 44.020 applies to various statutes mentioned hereafter.
KRS 29A.030(3) - JURY COMMISSIONERS' COMPENSATION
The payment of the jury commissioners must be effected by each circuit clerk out of one of two imprest funds of the clerk established by the state treasurer and the Department of Finance, pursuant to KRS 30A.110. KRS 44.020 does not apply.
KRS 29A.170 - JUROR COMPENSATION
Here again, jurors' compensation is paid by the circuit clerk out of the clerk's imprest fund mentioned above. KRS 44.020 does not apply.
KRS 29A.180 - SEQUESTERED JUROR REIMBURSEMENT
Pursuant to KRS 29A.180(1), the sheriff, city police or city marshal, as appropriate, shall be initially responsible for meals, housing, and other incidental needs of grand jurors and petit jurors in circuit and district court when the jurors are kept overnight or otherwise sequestered, "when ordered to do so by the judge of the court for which the jurors were summoned. " (Emphasis added). Such expenses shall be ultimately borne by the state Finance Department, and the officer who had to pay for such services initially will be reimbursed by the Finance Department. KRS 44.020 is not involved. A copy of the court order authorizing the sequestering of jurors should be made available to your office, pursuant to KRS 29A.180(1).
REIMBURSEMENT TO SHERIFF -- OFFICIAL AND STATE REVENUE BONDS
Pursuant to KRS 62.155, the premium on the sheriff's general revenue bond and his faithful performance bond must be paid by the state. KRS 44.020 is not involved. In counties of 75,000 population or more, the chief circuit judge and circuit court, or fiscal court, as the case may be under KRS 64.345(2), may permit the sheriff to take the subject premium out of the sheriff's "75% account", where the state has not otherwise paid the premium. The premium for the county levy bond must be paid by the county. Miller v. Sturgill, 304 Ky. 823, 202 S.W.2d 632 (1947); and §§ 176, 177, Kentucky Constitution, and KRS 62.156. In Miller, above, the court pointed out that under §§ 176 and 177 of the Kentucky Constitution, the state cannot assume the debt of the county nor can it pledge the state's credit to the county. Thus the sheriff has a valid claim against the state for payment of his premium on his general obligation and state revenue bonds.
SHERIFF'S FEES
KRS 64.060, 64.070, and 64.090 relate to sheriffs' fees for executing process, conveying prisoners, and other services. Under KRS 64.060 and 64.070(1), (2), and (4), the sheriffs' fees are payable out of the state treasury.
KRS 64.060 relates to fees in criminal cases, involving both felonies and misdemeanors. The fees earned by the sheriff must be taxed as costs in the litigation and included in the judgment. See KRS 453.020; and Bell County v. Minton, 239 Ky. 840, 40 S.W.2d 379 (1931) 381. However, the sheriff would get no fee from any source in a misdemeanor case where the defendant is not convicted. See KRS 64.340. If he is convicted, then the sheriff must collect from the defendant, otherwise he gets no fee at all. In the "felony cases" under KRS 64.060, the sheriff's allowance of fees would involve KRS 44.020.
Concerning KRS 64.070(1), the details concerning the sheriff's claim for conveying prisoners to the penitentiary are outlined in that statute. A court order under KRS 44.020 is not required. See the procedure under KRS 64.070(2)(a) and 441.040, relating to the transfer of prisoners to a secure jail or to the penitentiary, and the court order directing the transfer and awarding the sheriff compensation therefor. Also see KRS 441.050, relating to the transfer of a prisoner to the penitentiary when violence is threatened and the court approval of fees for the sheriff. KRS 44.020 may be read together and applied with KRS 74.070(2), (4), KRS 441.030, KRS 441.040, and KRS 441.050.
As relates to KRS 67.090, a sheriff's fee schedule, the sheriff, for services in summoning grand and petit jurors and performing his duties under KRS Chapter 29A, shall be allowed for each person summoned, a fee specified therein, payable out of the state treasury. Since such claims would arise out of court actions, KRS 44.020 would apply.
JAILER FEES
The jailer fees enumerated in KRS 64.150, including the prisoner dieting fee and court attendance fee, must be paid by the government whose law the prisoner is charged with violating. Thus if the prisoner is charged with violating a state statute, the state must pay the jailer fees. Since the state charge of crime involves litigation, KRS 44.020, involving court approval of the fees, applies.
OFFICER COURT ATTENDANCE FEES
Since this involves attending court and litigation (see KRS 64.348), KRS 44.020 would apply. The legislation (KRS 64.348) was a part of H.B. 23 (1976 Ex. Sess., Ch. 22, § 63), which strictly related to the "Court of Justice". The statute, KRS 64.348, is silent as to who pays the fees. Therefore the strongest implication is that it must be borne by the state, for whom the services are rendered.
AGENT COMPENSATION - FUGITIVE FROM JUSTICE
Under KRS 440.090, the return of a fugitive or extradition is effected through the Governor of Kentucky. The fugitive is brought back and placed in the jail of the county designated in the proclamation. Here extradition is accomplished outside the frame of litigation. Therefore KRS 44.020 would not apply.
MILEAGE ALLOWANCEINSTATE WITNESSES
KRS 421.015 pertains to a mileage allowance for Kentucky witnesses in circuit and district courts. Thus KRS 44.020 applies.
NON-RESIDENT WITNESS - EXPENSES ALLOWED
This pertains to KRS 421.030, relating to non-resident prosecutorial witness expenses in felony cases. KRS 44.020 applies.
KRS 421.250 provides for procuring "prosecuting" witnesses from other states. This does not cover defense witnesses. SEe OAG 75-682, copy enclosed. This involves court action and KRS 44.020.
SPECIAL BAILIFF -- COMPENSATION
This is dealt with in KRS 421.135. It involves a "felony case", and thus KRS 44.020 applies.
MEDICAL CARE - INDIGENT PRISONERS
Pursuant to KRS 441.010, the state must pay for nonpostponable medical care extended to an indigent prisoner in the county jail, provided the prisoner is charged with violating a state statute and is not a prisoner of the United States. The determination of indigency is made by the court of jurisdiction pursuant to KRS 31.120. Based upon the explicit provisions of KRS 441.010, we do not believe KRS 44.020 is applicable.