Stupid Argument over Court Fees

I’m sick and tired reading these reports of tug of war between the State Audit Agency (BPK) and the Supreme Court over court fees. BPK argued that the fees are illegal and that the court must stop collecting them. And of course BPK must be able to audit the funds. On the other hand, the court said the fees have been there all along and they are paid by litigating parties. Technically the fees are not state funds so BPK can’t audit. The court went to argue it lacks funding and bla bla bla.

Stupid arguments, it’s embarrassing really. Fees of civil cases are legit and they should be paid by litigating parties. Hell, they ask the State to intervene and decide which one is right (and wrong). It’s true that this money do not belong to the State. Instead they are paid in advance by the plaintiff as and advance so the court can summon the parties, duplicate documents and so forth. So the court is right, for once, that these fees are not State funds. But that doesn’t mean BPK cannot audit how these fees are being used.

Audit is put in place for accountability and that covers how State agency manages third party funds. Simple right? This is particularly important knowing how the court uses and manages the fees. A portion of the money is paid for judges as incentives t decide the case. Now this is not right. Judges must get paid by the State budget; if it is not enough, then increase the damn budget.

Once the case is decided, then the losing party pays the fees. This means the court must force it to pay then return the advance to the plaintiff. But go ask any lawyer – they never bother asking the money back because it costs more than the refund!

So BPK stick to your auditing and ask good lawyers to argue your case. They want their money back too.