Hutchinson ? Reno County Dist. Atty. Keith Schroeder is considering suing if fines from a traffic diversion program are sent to the state, as a judge has suggested.

Reno County Administrative Judge Steve Becker, in a nonbinding opinion released Friday, said the money generated by the traffic diversion program is a fine that should be turned over to the state.

Schroeder contends the money  the traffic fine plus a $25 administrative fee  is a fee and should be kept in Reno County. At stake is about $100,000 in diversion fees and a similar amount in court costs in Reno County. Because Becker’s opinion is not binding, the money will stay in the county for now.

Reno County Treasurer Clark Miller, who collects the diversion fees, said Friday he would not send revenues to the state unless ordered to by County Counselor Joe O’Sullivan. O’Sullivan already has issued an opinion that the diversion proceeds can be kept in Reno County.

Schroeder created the program, in part, to offset rising costs in the District Attorney’s Office. Becker said he based his opinion on how Schroeder arrived at the program costs.