Cite as 2022 Ark. App. 105

ARKANSAS COURT OF APPEALS

DIVISION IV

No. CV-20-750

CHRISTOPHER MILES AND ALL 

OTHER SIMILARLY SITUATED 

PERSONS

APPELLANTS

V.

CRAIGHEAD COUNTY, ARKANSAS;

AND JACK MCCANN, CRAIGHEAD 

COUNTY SHERIFF

APPELLEES

Opinion Delivered March 2, 2022

APPEAL FROM THE CRAIGHEAD

COUNTY CIRCUIT COURT, 

WESTERN DISTRICT

[NO. 16JCV-12-820]

HONORABLE DAVID N. LASER, 

JUDGE

REVERSED

STEPHANIE POTTER BARRETT, Judge

Appellant Christopher Miles filed an illegal-exaction case on his behalf and on the 

behalf of other similarly situated persons on December 8, 2012, against Craighead County 

and the Craighead County Sheriff for payment of certain costs and fees that were assessed 

and collected in criminal cases but not authorized by law. The Craighead County Circuit 

Court refused to hold the assessment of the subject fees constituted an illegal exaction, that

the fees and costs paid were made voluntarily, and that refunds were not available, and it

dismissed the case with prejudice. From that order comes this appeal. We hold that the 

assessment and collection of fees and costs not authorized by law does constitute an illegal 

exaction and that the fees were not voluntarily paid. Therefore, we reverse and remand.
2

On October 1, 2010, Mr. Miles was stopped by the Craighead County Sheriff’s 

Department on a traffic offense and charged with possession of a controlled substance—

methamphetamine, possession of drug paraphernalia with intent to use, driving while license 

canceled-suspended or revoked, and running a stop sign. He entered a plea agreement for a 

thirty-six-month probated sentence and was ordered to pay costs and fines in the total 

amount of $731. 

On December 8, 2012, Mr. Miles filed a complaint on his behalf and on the behalf 

of similarly situated persons, alleging that the payment of certain costs and fees above the 

$150 allowed by statute was an illegal exaction. On July 21, 2016, the circuit court issued an 

initial order enjoining the prospective imposition of two fees: an $86 sheriff’s fee and a $100 

fee for lower-court costs. It also declared that the fees were illegal exactions. The circuit 

court stated that it would have another hearing to determine class-action status or whether 

class-action certification was needed in an illegal-exaction case. 

On February 8, 2017, the circuit court entered an order reiterating that this was an 

illegal-exaction case and holding that fees paid before the filing of the complaint were 

“voluntary,” and a refund of the fees was not available. Fees paid following the filing of the 

complaint in this case were presumed to be “involuntary,” and persons who paid them might 

potentially be due a refund. Whether individuals’ refunds were available depended on the 

circumstances surrounding the payment as well as whether the individual wished to seek a 

refund. Notice was ordered to be issued informing potential claimants of the nature of the 

proceeding and that they might be entitled to a refund of the fee paid.
3

On May 15, 2018, the circuit court issued an “Order on Proposed Plan to Distribute 

Monies,” which included a provision ordering Craighead County to provide addresses and 

amounts paid and ordering Mr. Miles’s counsel to send the notices by certified mail, return 

receipt requested. Mr. Miles filed a motion requesting that Craighead County pay the cost 

of mailing the notices. In response, on August 1, 2018, the circuit court entered an order 

abating the May 15 order. On September 11, 2019, Mr. Miles filed a motion for a final order 

claiming that the cost of mailing the notices would be between $35,000 and $60,000, and 

Mr. Miles did not want to incur the expense because Craighead County had claimed its

intention to file an appeal. Miles asked the court to delay any notice requirements until a 

final, appealable order had been entered and all appeals exhausted.

On May 4, 2020, the circuit court issued its final order, holding (1) that the circuit 

court had jurisdiction and venue was proper; (1) that the only other case, Parker v. Laws, infra, 

never imposed illegal-exaction liability against a party that played no part in imposing the 

challenged levy; (3) that Parker is readily distinguishable from the facts of this case; (4) that, 

per long-established supreme court precedent and Arkansas statute, the only appropriate 

mechanism to challenge illegal costs was through a motion to retax costs in the individual 

criminal case; (5) that, per long-established supreme court precedent, the only appropriate 

method for challenging any component of a criminal conviction is through a direct criminal 

appeal; (6) that, per long-established Arkansas and U.S. Supreme Court precedent, collateral 

attacks on criminal convictions by way of a civil lawsuit are prohibited; (7) that because no 

proof of any lack of voluntariness in payment of the subject fees had been proffered, refunds 
4

of any fees were not warranted in any event; and (8) that since imposition of the fees had 

already been enjoined, no further injunctions were necessary. The court dismissed the case 

with prejudice.

Mr. Miles argues that the circuit court erred in its refusal to find an illegal-exaction 

case. We agree. An illegal exaction is any exaction that is either not authorized by law or is 

contrary to law. Robinson v. Villines, 2009 Ark. 632, at 6, 362 S.W.3d 870, 874. Two types of 

illegal-exaction cases can arise: “public funds” cases, where the plaintiff contends that public 

funds generated from tax dollars are being misapplied or illegally spent; and “illegal-tax” 

cases, where the plaintiff asserts that the tax itself is illegal. McGhee v. Ark. State Bd. of 

Collection Agencies, 360 Ark. 363, 370, 201 S.W.3d 375, 379 (2005). 

Here, the public funds were generated from criminal fees and costs of court that were 

in excess of those authorized by statute, which constitutes an illegal tax. In refusing to hold 

that this matter was an illegal-exaction case, the circuit court stated in its May 4, 2020 order

that “the finding that the fees challenged in this case were beyond the statutory authority is 

not the end of the analysis.” The circuit court went on to cite Mr. Miles’s failure to sue any 

party involved in the levy of the subject fees. However, the circuit court found in its July 21, 

2016 order that the fees were not authorized by statute, that the sheriff did not receive the 

fee that was titled “sheriff fee,” and the funds generated by the “sheriff fee” were placed in 

the Craighead County general fund. It is clear that Craighead County was a recipient of the 

fees generated, was the party expending the funds, and therefore was a properly named party.
5

We find this to be an illegal-exaction case, the proper party has been named, and the circuit 

court’s dismissal of the illegal-exaction case was in error. 

Mr. Miles next argues that the fees and costs paid were not voluntary. We agree. 

Voluntary fees are not subject to an illegal-exaction suit. Hoyle v. Faucher, 334 Ark. 529, 975 

S.W.2d 843 (1998). When payments are made involuntarily, the money should be returned 

to the accused persons who paid. Parker v. Laws, 249 Ark. 632, 637–38, 460 S.W.2d 337,

340 (1970) (citing Williford v. Eason, 110 Ark. 303, 161 S.W. 498 (1913)). An individual who 

is under arrest and pays an illegal fine or costs under the compulsion of that arrest is entitled 

to recover it in an action instituted for that purpose. Williford, 110 Ark. at 303, 161 S.W. at 

499. We do not agree with Craighead County’s argument that Mr. Miles negotiated the fees 

and costs of court when he negotiated the terms of his plea agreement. A criminal defendant 

wishing to accept a plea agreement is faced with either paying the fees assessed by the court

or with a trial and the possibility of a much harsher punishment, including jail or prison

confinement. Those criminal defendants who were convicted after trial were assessed the 

same fees. The supreme court has held that payments can be rendered involuntary when 

made under coercion or some actual or threatened exercise of power possessed by the party 

exacting or receiving payment over the person or property from which the latter has not 

reasonable means of immediate relief except by making payment. Weiss v. Chavers, 357 Ark. 

607, 184 S.W.3d 437 (2004). In Craighead County, those criminal defendants who accepted

a plea agreement and were ordered to pay illegal fees paid said fees under coercion because 

the alternative they faced was the possible loss of liberty. Likewise, those convicted without 
6

a plea agreement did not pay fees voluntarily nor did they negotiate for the voluntary 

payment of fees. We do not find the fees taxed and collected by the circuit court and turned 

over to Craighead County voluntarily paid. 

Finally, the circuit court held that Mr. Miles’s illegal-exaction suit was an unallowable

collateral attack on his underlying criminal sentence. The circuit court stated that Mr. Miles 

should have directly appealed his criminal conviction in order to obtain relief or filed a 

motion to retax the illegal costs. We disagree. The general rule is that a defendant who does 

not appeal a criminal conviction must be barred from collaterally attacking a judgment. 

Camp v. State, 364 Ark. 459, 221 S.W.3d 365 (2006). Although Mr. Miles and similarly 

situated persons had other remedies available to them, such as filing a Rule 37 motion or a 

motion to retax the illegal costs and fees, they also have a remedy in equity. These remedies

are not mutually exclusive. “[U]nlawful payments of public funds to public officers constitute 

illegal exactions that may be recovered in a taxpayer’s suit. . . . It is immaterial that there may 

be an adequate remedy at law, for the Constitution confers upon the taxpayer a cause of 

action in chancery. In fact, even the legislature cannot take away the taxpayer’s equitable 

remedy.” Parker, 249 Ark. at 635, 460 S.W.2d at 339 (citations omitted). An illegal-exaction 

suit is a remedy conferred by the Arkansas Constitution and cannot be taken away. Under 

article 16, section 13 of the Arkansas Constitution, “[a]ny citizen of any county, city, or town 

may institute suit, on behalf of himself and all others interested, to protect the inhabitants 

thereof against the enforcement of any illegal exactions whatever.” The illegal fees, including 

the $86 sheriff’s fee and the $100 fee for lower-court costs, were illegal exactions that any 
7

citizen of the county, on behalf of himself or all others interested, may institute to protect 

the citizens of Craighead County from illegal exactions. We reverse the circuit court’s 

holding that this suit was an unallowable collateral attack on a criminal conviction.

Reversed. 

GLADWIN, VIRDEN, and WHITEAKER, JJ., agree. 

BROWN and ABRAMSON, JJ., dissent.

WAYMOND M. BROWN, Judge, dissenting. Appellant Christopher Miles, on behalf 

of himself and all other similarly situated persons, appeals the May 6, 2020 order of the 

Craighead County Circuit Court dismissing an illegal-exaction complaint against Craighead 

County, Arkansas; and Jack McCann, Craighead County Sheriff, with prejudice. Appellant 

contends that the circuit court erred by finding that no refunds could be awarded in this 

case and dismissing the case with prejudice. I would affirm.

The facts of this case are not in dispute. Appellant Christopher Miles was stopped 

for a traffic violation on October 1, 2010, by a Craighead County sheriff. As a result of the 

stop, appellant was arrested and charged with two Class C felonies: possession of a 

controlled substance—methamphetamine; and possession of drug paraphernalia with intent 

to use. He was also charged with the unclassified misdemeanors of driving while license 

canceled, suspended, or revoked; and running a stop sign. Appellant subsequently entered 

a negotiated plea of guilty to possession of a controlled substance—methamphetamine, and 

the other charges were nolle prossed. Appellant received a suspended sentence of three years 

and was ordered to pay costs and fines in the amount of $731 at the rate of $50 a month. 
8

Court costs in the amount of $236 were among the costs appellant was ordered to pay, and 

it included a clerk’s fee of $150 and a sheriff’s cost of $86. 

On December 8, 2012, appellant filed an illegal-exaction complaint on behalf of 

himself and all other similarly situated persons against Craighead County, Arkansas; and 

Jack McCann, Craighead County Sheriff, alleging that Craighead County and McCann had 

collected court costs over the $150 statutory allowable amount. According to the complaint, 

defendants were charged an additional $86 sheriff fee, resulting in court costs of $236. It 

also alleged that persons appealing from district court were charged a lower-court fee of $100. 

The complaint alleged that the collection of these additional costs amounted to illegal 

exactions and prayed for the following:

[T]hat this court declare the actions of the Defendants in levying and collecting 

court costs in excess of $150.00 to be illegal exactions and illegal assessments of court 

costs against the Plaintiffs and all class members; that the Court mandate, enjoin, and 

direct Defendants to re-tax the costs assessed against all class members in excess of 

$150.00, and to correct any errors of the illegal assessment; that the Court mandate, 

enjoin, and direct Defendants from levying or assessing any further or future charges 

or costs in excess of the $150.00 as authorized by statute; that all Defendants be 

ordered to account for any of such funds levied by, paid to, or collected by them in 

excess of the $150.00; that all Defendants pay any such funds in the registry of the 

Court; that Plaintiffs and all class members have judgments against all Defendants 

for all illegal charges levies [sic] or paid; that Plaintiffs recover attorney fees, costs, and 

expenses of litigation; that Plaintiff be able to pursue this action on behalf of all 

individual’s [sic] that have been charges [sic] and paid this illegal exaction or costs; 

and for any and all other proper legal and equitable relief. Defendants filed an answer 

on January 15, 2013, denying the material allegations of the complaint and asserted 

numerous affirmative defenses.
9

Appellant filed a motion for summary judgment on January 15, 2016. According to 

appellant, the facts and issues presented in this suit were directly in line with Parker v. Laws,

1

and no genuine issue of material fact existed. Appellees filed a brief in response to 

appellant’s summary-judgment motion and a countermotion for summary judgment on 

February 18. In their motion, appellees stated that appellant’s suit should be dismissed 

because it constituted an impermissible collateral attack on his conviction. They also argued 

that Miles agreed to pay the court costs as part of his negotiated plea, which he voluntarily 

entered into. Appellees asked the circuit court to grant summary judgment in their favor. 

Appellant filed a reply in support of his motion and a response to appellees’ motion on 

March 29. Appellant denied that he was collaterally attacking his sentence or that the 

payment was voluntarily made. 

The circuit court held a hearing on June 29. At the hearing, everyone seemed to agree 

that all the fees ($86 sheriff costs and $100 lower-court fees) were sent back to Craighead 

County and placed in the county fund and that none were retained by the sheriff. The 

circuit court entered an order on July 21, finding that the fees in question were illegal

exactions and ordered the circuit court to “cease and desist from charging any fees or costs 

over and above the $150.00 that is authorized by statute.” The circuit court then stated that 

its ruling was limited to Miles and that it intended to hold a separate hearing to determine 

 

1

249 Ark. 632, 460 S.W.2d 337 (1970). 
10

who the similarly situated persons were. It asked both sides to brief the court on whether 

class certification was needed in this type of suit. 

Appellant filed a brief on September 16, contending that an illegal-exaction claim by 

its nature is a class action and asked the court to declare “this class certified as a matter and 

law[.]” Appellees also filed a brief on September 16 arguing why the circuit court should 

dismiss appellant’s claim, including claims that the suit was not a proper illegal-exaction case, 

not a proper Rule 23 class-action case, and not a proper stand-alone case. They also 

contended that Parker was inapposite and possibly bad law and stated that the statute of 

limitations should apply to limit the scope of the case. Appellees filed a response to 

appellant’s brief on September 23, seeming to reiterate the arguments it had made in its own 

brief. Appellant filed a reply on September 23, contending that appellees were trying to 

reargue issues. Appellant also maintained that Parker was directly on point with the facts 

and issues of this case. Appellant filed another brief on November 14, contending that not 

only the fees paid after the lawsuit commenced were involuntary, but payments made by 

coercion were also involuntary. Appellant argued that the fees in this case were coercive 

because one fee “is imposed as part of a criminal plea or sentence, which makes it coercive 

by definition. It is a criminal punishment. The second fee is a condition placed on the 

ability to appeal[,]” and the person subjected to the fee had to pay it or forgo the right to 

appeal, making that fee coercive by definition also. Appellees filed a response on November 

28, contending that appellant agreed to and subsequently paid the fees and fines voluntarily 

without an appeal, without a move for retaxation of the costs, or even an objection on the 
11

record, which led to the proceeds being spent by the county in the ordinary course. Appellees 

stated that Arkansas law does not permit a refund under these facts. Appellees further 

argued that since the fees and costs were part of appellant’s criminal conviction, appellant 

could not collaterally challenge them in an illegal-exaction case or any other civil matter. 

Additionally, appellees stated that Parker is inapposite to the facts of this case. Appellees 

filed the affidavit of Terry McNatt, the elected Treasurer of Craighead County on November 

29. The affidavit stated that Craighead County is “constrained from deficit spending, so 

county revenues are generally/roughly spent in their entirety in each calendar year.” He 

further stated that, to the best of his knowledge and based on the review of Craighead 

County’s financial records, “all proceeds from the fees/fines challenged in this lawsuit, were, 

upon receipt transferred into the County General Fund, where they are spent in the ordinary 

course.” 

The circuit court held hearings on October 18 and December 16. The circuit court 

issued an order on February 8, 2017, finding that payments of the illegal costs and fees prior 

to the filing of the current suit were deemed voluntary and not recoverable. However, it 

found that payments made subsequent to this action were “presumed to be involuntary, and 

those who paid them may potentially be due a refund. Whether individual refunds are 

available may depend on the circumstances surrounding the payments, as well as whether 

the individual wishes to seek a refund.” The circuit court also found that proof may be 

needed to determine whether specific refunds would be given. The order required that 

notice be given to individuals with potential claims and that they would have sixty days to 
12

make a claim, which the court found was a “preliminary step in determining whether refunds 

will be paid[.]” The order also required that the notice be published for three days in a 

newspaper of general circulation in Craighead County. 

Appellant filed a motion to allow a proposed plan to distribute the money on January 

9, 2018. Appellees filed a response on January 24. Appellees filed a supplement to their 

bench brief on March 7, 2018, again seeking to have the case dismissed. Appellant filed a 

response to the supplement on March 15, asking the court to deny appellees’ request for 

dismissal. The circuit court held a hearing on appellant’s motion to allow a proposed plan 

of distribution on May 15. It entered an order for the proposed plan that same day. 

Appellant filed a motion on June 20 for appellees to pay the expenses associated with 

notifying the affected individuals. Appellees filed a response on July 5 asking that the motion 

be denied. The circuit court entered an order of abatement of notice to claimants on August 

1 based on “the parties oral motion for the parties to abate the order that was file marked 

on May 15, 2018 until further orders of the court[.]” 

Appellant filed a motion for a final order and other relief on September 11, 2019. 

The circuit court held a hearing on the motion on December 5. The circuit court asked 

appellant to prepare an order based on how appellant wanted the circuit court to rule. It 

then said that appellees would be able to prepare a rebuttal order and that the circuit court 

would decide following receipt of the draft orders. The circuit court subsequently adopted 

one of appellees’ draft orders as its own. The circuit court filed the order on May 6, 2020, 

dismissing appellant’s case with prejudice. The order stated in pertinent part:
13

2. The Plaintiff in this case, Christopher Miles, entered into a negotiated plea at the 

conclusion of his criminal case. His Judgment and Commitment Order included 

two fees that the Court has previously found were beyond and/or in excess of any 

statutory authority.

3. The finding that the fees challenged in this case were beyond the statutory 

authority is not the end of the analysis, particularly where the Plaintiff has sued a 

governmental entity, Craighead County, that had no part in the levy of the 

challenged fees. Only one other case, to the Court’s knowledge and based on the 

citations and arguments of the parties, Parker v. Laws, 249 Ark, 632, 460 S.W.2d 

337 (1970), has ever imposed illegal exaction liability on an individual or entity 

that did not impose the challenged exaction, as here. That case is distinguishable 

from this matter, however, because the prosecutor who was sued in Parker was 

both the recipient of the proceeds of the fee and a participant in the levy of the 

fee, as the dissent expressly accused him of “extortion” in the case. There are no 

such facts here and the Plaintiff had not sued the State or any of the Circuit 

Judges.

4. The Arkansas Supreme Court has held that the only appropriate mechanism for 

remediation of the assessment of illegal costs is a motion for retaxation of costs in 

the underlying criminal case: “It is contended by counsel for appellant that illegal costs 

were adjudged. If so, the [only] proper remedy is to move to retax.” Spore v. State, 162 

Ark. 1, 4, 257 S.W. 362, 363 (1924) (emphasis added); see also Ark. Code Ann. § 

16-68-409.

5. Additionally, the Supreme court has held that the method for challenging a 

conviction, including the sentence or fine, is to take a direct appeal to circuit 

court, then to the appellate courts, then pursue post-conviction proceedings, if 

necessary. Sasser v. State, 338 Ark. 375, 993 S.W.2d 901 (1999).

6. Instead of moving to retax, directly appealing the unauthorized fees in his criminal 

case, or otherwise appealing these matters directly (e.g., Rule 37 motion, habeas 

corpus, etc.), the Plaintiff has elected to file this suit, collaterally attacking the 

challenged fees by way of an illegal exaction claim(s). This is not permissible. 

“The general rule is that a defendant who does not appeal a criminal conviction 

must be barred from collaterally attacking a judgment.” Camp v. State, 364 Ark. 

459, 221 S.W.3d 365 (2006). A separate lawsuit challenging the particulars of a 

conviction or sentence or fine is not permitted. Heck v. Humphrey, 512 U.S. 477 

(1994).
14

7. Additionally, the Plaintiff can offer no evidence of a lack of voluntariness in his 

payment of the challenged fees, as they were assessed as part of a negotiated guilty 

plea. Accordingly, the fees were the result of an agreement between the Plaintiff 

and his counsel and the prosecuting attorney, subject to approval from fairness, 

legality, and voluntariness by the Circuit Judge. In fact, the Circuit Judge is legally 

bound to ensure that such negotiated pleas are voluntary by the criminal 

defendants, as a matter of fact. No proof has been introduced in this case to 

indicate that this did not occur in Plaintiff’s plea situation. The Plaintiff did not 

appeal those fees, move for retaxation of costs, or otherwise directly object; 

instead, he paid the fees without protest. Since proof of a lack of voluntariness is 

required prior to the grant of any refund in an illegal exaction case, no refund can 

be awarded in this case, to the Plaintiff or any others “similarly situated.”

8. The Court has previously Ordered the Circuit Judges in this Judicial District to

cease and desist any further imposition of the challenged fees and there is not 

need for any further injunctive or declaratory relief.

Appellant timely appealed the order. This appeal followed.

Appellant contends that the circuit court erred by finding that the payments in this 

situation were not subject to refund. The standard of review on appeal from a bench trial is 

whether the circuit court’s findings were clearly erroneous or clearly against the 

preponderance of the evidence.2 A finding is clearly erroneous when, although there is 

evidence to support it, the reviewing court, when considering all the evidence, is left with a 

definite and firm conviction that a mistake has been committed.3 However, a circuit court’s 

conclusion on a question of law is reviewed de novo and is given no deference on appeal.4 

 

2Helena-W. Helena Sch. Dist. v. Fluker, 371 Ark. 574, 268 S.W.3d 879 (2007). 

3

Id.

4

Id.
15

Article 16, section 13 of the Arkansas Constitution grants the citizens of Arkansas 

standing to pursue an illegal-exaction claim.5 An illegal exaction is defined as any exaction 

that either is not authorized by law or is contrary to law.6 There are two types of illegalexaction cases: “public funds” cases, where the plaintiff contends that public funds generated 

from tax dollars are being misapplied or illegally spent; and “illegal-tax” cases, where the 

plaintiff asserts that the tax itself is illegal.7 Our courts have strictly adhered to the rule that 

if the taxes complained of are not themselves illegal, a suit for illegal exaction will not lie.8 

Here, appellant and others similarly situated are alleging that the $86 sheriff costs and 

$100 lower-court fees collected in their criminal cases are illegal. The circuit court agreed 

that the amounts were not authorized by law or statute and ordered the district courts of 

Craighead County to cease and desist imposing the fees. The circuit court, however, found 

that refunds would not be awarded in this case. As below, appellant argues that the 

disposition of this case is controlled by Parker. In Parker, taxpayers sued the deputy 

prosecuting attorney to require the prosecuting attorney to account for some $7,000 in fees 

received by him. From 1963 to 1969 in the Fifth Judicial District, defendants in criminal 

cases were required by the circuit court to make certain cash payments as a condition of 

 

5Robinson v. Villines, 2009 Ark. 632, 362 S.W.3d 870. 

6

Id. 

7

Id. 

8

Id. 
16

obtaining suspended sentences or dismissal of the charges. At the onset, the fee was $37.50 

of which $25 went to the prosecuting attorney, $10 went to the sheriff, and $2.50 went to 

the circuit clerk. By the time the lawsuit was commenced, the fee had been raised to $120, 

with $50 going to the prosecuting attorney, $25 going to the sheriff, $25 going to the clerk, 

and $20 to the reporter. The suit only challenged the fees received by the prosecuting

attorney. The lower court dismissed the suit for lack of jurisdiction, and the appellants 

appealed. The Parker court held that the dismissal was in error as it did not “involve a review 

of circuit court judgments entered in the ordinary course of contested litigation. Instead, it 

involves the validity of an administrative practice by which sums are exacted from persons 

accused of criminal offenses and are then paid over in part to the deputy prosecutor.”9 Judge 

Russell Roberts testified at the lower-court hearing that no fees were assessed if someone was 

sentenced to prison. However, he stated that it was his understanding that if there was to 

be a suspended sentence, the fee would first have to be paid. He further stated that if the 

fee was not paid, the person would have to stand trial or be sentenced to prison. Laws 

testified below that he had received $1,383.33 as fees in cases in which the charge was 

dismissed upon payment of the required fee. The Parker court found that Laws was not 

entitled to retain the illegal fees and that the money should be returned to the persons paying 

the fee as the payments were not voluntary under the circumstances. Afraid that the sums 

would be expended for county purposes for the fiscal year if the court directed the sums to 

 

9

Parker, 249 Ark. at 634, 460 S.W.2d at 339. 
17

the county, subject to claims of the affected persons, the court ordered that the funds be 

retained in the registry of the court as a bill of interpleader until the rightful owners could 

be contacted and given an opportunity to assert their claims. 

Appellees argue, and I agree, that the facts in this case are distinguishable from Parker. 

In Parker, even though the prosecuting attorney did not levy the fee, he played an active role 

in the dismissal of certain criminal charges and was compensated accordingly. Here, neither 

the sheriff’s office nor Craighead County played any role in the levying of the contested fees. 

The sheriff’s office only collected the fees and then transferred the fees into the county’s 

general fund. There was no allegation that either the sheriff’s office or McCann benefited 

personally from the $86 sheriff’s fee. In Parker, the fees had to be paid prior to a criminal 

charge being suspended or dismissed. Here, the fees were included in the costs assessed to 

appellant as part of his criminal punishment. Additionally, the Parker court specifically 

found that the action brought was a challenge to the validity of an administrative practice 

and did not involve a review of circuit court judgments entered in the ordinary course of 

contested litigation. Here, the opposite seems to be true. Appellant seems to be challenging 

the circuit court’s judgment, which included the assessment of fees, entered against him as 

a result of his negotiated plea. 

Appellees contend that appellant’s suit is nothing more than a collateral attack on his 

judgment. A collateral attack is an attack on a judgment in a proceeding other than a direct 
18

appeal.10 Generally, judgments are not subject to collateral attack unless they are void on 

the face of the record or are issued by a court lacking jurisdiction,11 neither of which seems 

to be the case here. Appellant challenges the amount of fees and costs he was assessed when 

he entered into a negotiated plea of guilty for an underlying felony charge. He did not make 

a direct appeal of the fees and costs but instead filed an illegal-exaction case to challenge the 

fees. This amounted to an impermissible collateral attack. As such, the circuit court was 

correct in dismissing appellant’s case with prejudice.

Had this not been an impermissible collateral attack, I would still hold that the circuit 

court did not clearly err by dismissing appellant’s case. The circuit court found in an earlier 

order that the additional fees were assessed in violation of the statute and that they amounted 

to illegal exactions, as it pertained to appellant. However, the circuit court found that 

appellant and others similarly situated were not entitled to any refunds because appellant 

failed to show that the fees were paid involuntarily. We have consistently followed the 

common-law rule that prohibits the recovery of voluntarily paid taxes.12 An exception to the 

voluntary-payment rule may be sustained if the payments were made under coercion.13 In 

an earlier order, the circuit court found that the taxes paid before the filing of the suit were 

 

10In re Guardianship of Pitts, 2021 Ark. App. 250, 627 S.W.3d 426. 

11Id. 

12Mertz v. Pappas, 320 Ark. 368, 896 S.W.2d 593 (1995). 

13Id. 
19

voluntary, and those paid after the suit’s commencement were presumed to be involuntary. 

However, in the final order, the circuit court specifically found that the appellant failed to 

show that he and others similarly situated did not pay the fees involuntarily. I cannot say 

that this was error. Appellant negotiated a plea of guilty in his criminal case, and in 

exchange, criminal charges were nolle prossed, he received a three-year suspended sentence, 

and was ordered to pay certain fines and costs. There are safeguards in place that would 

have required appellant to represent to the court at that time of the agreement that he 

voluntarily entered into the agreement and that the agreement was not a result of coercion. 

This would have also been the case for others similarly situated. Given these facts as 

presented in this case, I hold that the circuit court did not err when it found that appellant 

failed to prove that the payments by him and others similarly situated were not made 

voluntarily. 

Therefore, I respectfully dissent. I am authorized to state that Judge Abramson joins 

in this dissent.

Mark Rees; and Brian G. Brooks, Attorney at Law, PLLC, by: Brian G. Brooks, for 

appellants.

Jason Owens Law Firm, P.A., by: Jason E. Owens, for appellees.