2018 Cost Waiver Report Available

Published for NC Criminal Law on February 02, 2018.

The Administrative Office of the Courts has submitted its annual report on criminal cost waivers to the General Assembly. The report, available here, tracks court cost waivers under G.S. 7A-304(a)—among other things. The AOC is required by law to make this report annually. G.S. 7A-350. It includes waivers sorted by county and by individual judge. If you are interested in comparing it to last year’s report, that one is available here. From 2016 to 2017, the number of waivers dropped from just over 88,000 to around 50,000. That seems like a dramatic drop, but when you consider overall number of cases in which costs are ordered (just over a million in both years), the better description is probably that cost waivers were already pretty rare in 2016, and got somewhat rarer in 2017. Technically, the report is required to include only just cause waivers of court costs under G.S. 7A-304(a), but it once again goes beyond that in several ways. First, it tracks not just costs, but also fines and other non-cost fees (like community service fees, which are not covered under G.S. 7A-304). Second, it reports not only when judges waive costs, but also when they remit them. As noted here, costs are remitted under G.S. 15A-1363, not G.S. 7A-304. No just cause finding is necessary to remit a cost or fine. Finally, the report tracks civil judgments. As in prior reports, the civil judgment category is used “when the judge orders the monetary obligations due through civil rather than [...]