Q Does a municipality have the authority to allow a probation company to collect fines for municipal court that are not delinquent?

A No. If a defendant is found guilty and ordered to pay a fine, the court clerk has the responsibility to collect that fine. That responsibility is non-assignable. A probation service, properly bonded, established by the municipal court may be utilized to collect delinquent fines if provided by the agreement (acting as a collection agency) and the agreement is approved by the governing authorities pursuant to Section 21-17-1(6). The probation service established by the municipal judge pursuant to Section 21-23-7(5) may also be utilized to collect fines from individuals convicted of an offense and placed on probation pending payment of the fine if the judge determines that the collection of fines would ďaid in the administration of justiceĒ and the collection of fines is provided in the written policy and procedures. (Attorney Generalís Opinion to Arnold dated March 19, 2010)