I want to start making defendant's pay court costs as a condition of dismissal. I want to make them do that only in instances where one case is being dismissed in exchange for their plea in another case.

Does anyone know if there is any legal impediment to my clerk's doing this? And does anybody know of a statute that I could point to that would ease the concern our elected county clerk has with the issue?

I think it would be improper to require the payment of court costs when a case is dismissed without specific statutory authorization. I think your clerk is right. CCP Chapter 43 does not authorize such a charge and requires a "sentence" or a "conviction" for payment of a fine or costs.

This question, or something like it, arises frequently. Can we collect money for what we think is a good cause?

The Legislature (and the courts through case law) say no. There must be express statutory authority to collect money.

There is a more detailed discussion and supporting citations in The Perfect Plea.

Can't do it.

Don't do it.