# What happens when a government body is fined?

**URL:** <https://boards.straightdope.com/t/what-happens-when-a-government-body-is-fined/196485>\
**Category:** Factual Questions\
**Created:** [August 20, 2003, 5:19pm UTC](https://boards.straightdope.com/t/what-happens-when-a-government-body-is-fined/196485 "2003-08-20T17:19:36Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [August 20, 2003, 5:19pm UTC](https://boards.straightdope.com/t/what-happens-when-a-government-body-is-fined/196485/1 "2003-08-20T17:19:36Z")

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In the politically-charged story about [Roy Moore’s Ten Commandments Monument](http://www.salon.com/news/wire/2003/08/20/alabama/index.html), I read that

> [@](#):
>
> The 11th Circuit earlier this year agreed with a ruling by U.S. District Judge Myron Thompson, who held the monument violates the constitution’s ban on government promotion of religion.
> 
> Thompson has said he **may fine the state about $5,000 a day** if the monument is not removed by the end of the day Wednesday.

My question is this: when the state is fined, where does the money go? If the money goes into state coffers, isn’t that a little bit, um, ridiculous?

Or is this a federal court, and so the money would be transferred from the state into the federal court system?

Daniel

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**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\
**Post date:** [August 20, 2003, 5:47pm UTC](https://boards.straightdope.com/t/what-happens-when-a-government-body-is-fined/196485/2 "2003-08-20T17:47:37Z")

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\>\> Or is this a federal court

I think it is fairly certain that a “U.S. District Judge” is, well, a Federal Judge, so the money would go to the Feds.

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**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\
**Post date:** [August 20, 2003, 6:12pm UTC](https://boards.straightdope.com/t/what-happens-when-a-government-body-is-fined/196485/3 "2003-08-20T18:12:48Z")

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Yep. The state will have to transfer funds to the Clerk of the Court for that federal district to be placed in the U.S. Treasury. If they don’t do it voulntarily, the U.S. Marshals Service or some other DoJ agency will do it for them.

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [August 20, 2003, 7:26pm UTC](https://boards.straightdope.com/t/what-happens-when-a-government-body-is-fined/196485/4 "2003-08-20T19:26:45Z")

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Makes sense. Am I right in thinking that a court can only fine a level of government lower than itself? That is, the feds cannot fine Congress, and the state court can’t fine the state, and the local courts cannot fine a municipality or county?

Daniel

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**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\
**Post date:** [August 21, 2003, 5:49am UTC](https://boards.straightdope.com/t/what-happens-when-a-government-body-is-fined/196485/5 "2003-08-21T05:49:11Z")

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Would the state be justified in raising taxes to pay for the fines? How about cutting the funding to different state services?

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**Author:** ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)\
**Post date:** [August 21, 2003, 4:24pm UTC](https://boards.straightdope.com/t/what-happens-when-a-government-body-is-fined/196485/6 "2003-08-21T16:24:09Z")

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A court cannot, in general, fine a level of government HIGHER than itself. Though there are really only federal and state levels of government; any municipal powers are granted by the state, which can set whatever rules it wants for what the municipalities can or can’t do.

But a federal court can fine a federal agency, and I imagine all state courts can fine their respective state agencies.

Of course IANAL, so this post will is not authoritative and will not have longer footnotes than text.
