Alabama House Bill HB236

Alabama 2022 Regular Session

• Introduced: 2/2/22
• Refer: 2/2/22

Caption

Cherokee Co., service of process fee, charged for service of documents by sheriff

Impact

The introduction of this fee represents a potential increase in court-related costs for individuals engaging in legal actions that involve the sheriff's department for process serving. The bill also includes provisions for waiving the fee in cases where individuals can demonstrate substantial hardship, thus attempting to balance the need for revenue with compassion for those unable to pay. Exemptions from the fee are provided for certain entities, including district attorneys and law enforcement officers, recognizing their role in the legal system as primary stakeholders rather than service recipients.

Summary

House Bill 236 establishes a new fee structure specifically for Cherokee County, aimed at covering the expenses associated with the service of process by the county sheriff. This bill proposes a standardized service of process fee of $25 for each document requiring personal service, applicable across the District Court, Circuit Court, Family Court, and Juvenile Court within the county. Additionally, it stipulates that the same fee applies to documents related to civil or criminal actions instituted outside the state. The collected fees would be earmarked for the Sheriff's Law Enforcement Fund, aiding in local law enforcement financing.

Contention

While expected to provide additional funding for local sheriff services, this bill may face scrutiny regarding its impact on access to justice. Critics may argue that imposing a fee, even with hardship provisions, could inhibit individuals from pursuing legitimate legal actions, particularly in financially strained communities. The discussion around HB236 centers on the nuances of balancing local funding mechanisms against the imperative to maintain equitable access to legal resources for all citizens, thereby sparking broader dialogues on fee structures in judicial services.