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The Ashland Municipal Court or Violations Bureau may defer, waive, suspend, or otherwise reduce the fees and charges set forth in the resolution as allowed by Oregon law or this section.

A. The fees for Failure to Appear for Bench Trial, Discovery, Failure to Appear for Jury Trial, Mediation of Violation, and Warrants may be waived or reduced in whole or in part when the Municipal Court makes a written finding that the defendant’s indigence and the totality of the circumstances warrant a fee waiver.

Interest on Judgments and Court Appointed Attorney fees may only be imposed, waived or reduced in accordance with general state law. Attorney fees shall not be waived by the Court for civil compromises and City Attorney diversion/deferred sentences when repayment of such fees was agreed to as part of a negotiated plea bargain or compromise.

B. After imposition of all applicable fees and charges for one criminal action, the Ashland Municipal Court may waive or reduce Court Costs, Show Cause, Installment, and Warrant fees prescribed for other criminal actions disposed of on the same day. This authorized local waiver or reduction does not automatically waive or reduce state and county assessments. The subsequent actions where fees are waived or reduced shall be of equal or lesser severity to the initial original criminal action (in terms of classification) where all fees and charges are assessed.

C. The Ashland Municipal Court shall waive fees and charges prescribed for Failure to Appear at Bench Trial, or Show Cause Hearing and, Failure to Appear at Jury Trial, inclusive of fees and charges associated with any default taken under ORS 153.102, if the Court makes a written finding based on evidence in the record that the failure to appear was due to circumstances beyond the control of the defendant and otherwise through no fault of the defendant. (Ord. 3041, added, 12/21/2010)

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