Cobb County |
Code of Ordinances |
Part I. OFFICIAL CODE OF COBB COUNTY, GEORGIA |
Chapter 38. COURTS |
Article I. IN GENERAL |
§ 38-2. Witness fee fund.
(a)
For the purpose of providing funds to be used for the payment of fees to witnesses for courtroom appearances, a fee not to exceed $2.00 shall be collected out of all traffic fines, criminal fines and bond forfeitures in the traffic court or state court; provided, however, that this fee shall not be collected out of traffic fines, criminal fines and bond forfeitures that are less than $5.00. All such fees shall be placed in the witness fee fund.
(b)
The specific amount to be set aside in the witness fee fund, if any, shall be fixed by a majority vote of the members of the board of trustees of the witness fee fund. The clerk of the state court of the county shall collect all traffic fines, criminal fines, court costs, and bond forfeitures, and remit such moneys to the county comptroller for deposit in the general fund of the county, and such clerk shall include with such remittance a statement of the number of cases that meet the $5.00-or-more criteria set out in subsection (a) of this section; thereafter, the county comptroller shall cause the appropriate amount to be remitted to the county witness fee fund.
(c)
The money so paid the witness fee fund under this section shall be used for the following purposes: The payment of fees to witnesses, including travel expenses, for their courtroom appearances, such payment to be made in accordance with the criteria and guidelines for payments to be adopted and approved by the board of trustees of the witness fee fund.
(d)
The board of trustees of the witness fee fund may, from time to time as it deems proper, transfer any excess funds from the witness fee fund to the general fund of the county in the discretion of the board of trustees; and such transferred funds may be used for whatever purpose the board of commissioners may deem proper.
(e)
The board of trustees of the witness fee fund will evaluate the status of the witness fee fund on a quarterly basis and shall cause any moneys contained therein in excess of $10,000.00 to be returned to the general fund. Any moneys so transferred may be used for whatever purpose the board of commissioners may deem proper.
(f)
An individual or company under subpoena who is authorized by statute (O.C.G.A. §§ 24-10-70—24-10-76) to tender certified copies of medical records in lieu of a personal appearance shall be paid the board authorized witness fee upon the tender of such documents. However, no such person or company shall receive both a fee for personal appearance and for the tender of such documents.
(Ord. of 2-13-79; Res. of 4-10-79; Mo. of 4-28-81; Mo. of 6-26-84; Ord. of 8-25-87; Code 1977, §§ 3-27-6, 3-27-7)