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            MARK C. MANNING, P.C.

 

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IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF ALASKA

 IN THE MATTER OF THE ASSESSMENT OF A FEE FOR THE ADMINISTRATION OF FUNDS DEPOSITED INTO THE COURT'S REGISTRY AND PLACED IN INTEREST BEARING ACCOUNTS

ORDER

 

        Effective June 12, 1989, pursuant to notice published in the Federal Register May 11, 1989, the Clerk of Court, whose fee schedules are set by the Judicial Conference of the United States, commenced assessing a fee prescribed by the Director of the Administrative Office of the U.S. Courts for the handling of all funds deposited with the Court in noncriminal proceedings and held in interest-bearing accounts or instruments.  The Director of the Administrative Office was also instructed to review implementation of the fee and make adjustments from time to time.  The Director has revised and converted from a on-time charge equal to all income earned in the first 45 days of the investment, to a charge of ten percent of the income earned while funds are held in the Court's registry.

        Beginning with deposits of funds with the Court on December 1, 1990, all funds invested B including criminal-bond money deposited at interest B will be assessed a charge of ten percent of the income earned regardless of the nature of the case underlying the investment.

        Accordingly, IT IS HEREBY ORDERED that the foregoing assessment procedures be implemented by the Clerk.

        IT IS FURTHER ORDERED that the fee will be applied to all invested funds held regardless of the nature of the case underlying the investment.

        Said revised fee will be applied as follows:

        (1)     For new deposits into the Court on or after December 1, 1990, the fee will be ten percent of the total income received during each income period.

        (2)     The new method will not be applied in cases where funds have been deposited in the registry of the Court and invested prior to December 1, 1990, where a fee under the prior method applied but has not been deducted.

        Orders directing the Clerk to deposit funds held by the Court into interest-bearing accounts or instruments shall contain language which permits the Clerk to assess the fee and deduct it from interest or other income received from the investment without the need for subsequent Court direction.

        The fee will be deducted periodically, either at the time income is credited to the account or prior to any other distribution.  Investments having a maturity date greater than one year will be assessed the fee at the time the investment instrument matures.

        DATED at Anchorage, Alaska, this 14th day of January, 1991.

                      /S/                                 
H.RUSSEL HOLLAND, Chief Judge

                      /S/                                 
ANDREW J. KLEINFELD, Judge

                      /S/                                 
JAMES K. SINGLETON, Judge

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