IN THE SUPREME COURT OF OHIO

STATE OF OHIO, : : Case No. 2018-0312 Plaintiff-Appellee, : : On Appeal from the Licking County v. : Court of Appeals, : Fifth Appellate District BENJAMIN A. DAVIS, : Case No. 2017-CA-55 : Defendant-Appellant. : MERIT BRIEF OF AMICUS CURIAE OFFICE OF THE OHIO PUBLIC DEFENDER

IN SUPPORT OF APPELLANT BENJAMIN A. DAVIS

BILL HAYES (0011733) Licking County Prosecutor CLIFFORD J. MURPHY (0063519) (COUNSEL OF RECORD) 20 North Second Street – 4th Floor Newark, Ohio 43055 (740) 670-5255 COUNSEL FOR APPELLEE STATE OF OHIO

JAMES A. ANZELMO (0068229) Anzelmo Law (COUNSEL OF RECORD) 446 Howland Drive Gahanna, Ohio 43230 (614) 532-5123 anzelmolawfirm@gmail.com ALEX J. DURST (0089819) The Durst Law Firm 810 Sycamore Street – 2nd Floor Cincinnati, Ohio 45202 (513) 621-2500 COUNSEL FOR APPELLANT BENJAMIN A. DAVIS OFFICE OF THE OHIO PUBLIC DEFENDER NIKKI TRAUTMAN BASZYNSKI (0091085) Assistant State Public Defender 250 East Broad Street – Suite 1400 Columbus, Ohio 43215 (614) 466-5394 (614) 752-5167 – Fax nikki.baszynski@opd.ohio.gov COUNSEL FOR AMICUS CURIAE OHIO PUBLIC DEFENDER

Supreme Court of Ohio Clerk of Court - Filed July 16, 2018 - Case No. 2018-0312

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TABLE OF CONTENTS Page No. TABLE OF AUTHORITIES ...................................................................................................... iii STATEMENT OF THE CASE AND FACTS .............................................................................1 STATEMENT OF INTEREST OF AMICUS CURIAE OFFICE OF THE OHIO PUBLIC DEFENDER........................................................................................................1 ARGUMENT ..................................................................................................................................2 CERTIFIED QUESTION:

Is trial counsel’s failure to file a motion to waive court costs at sentencing ineffective assistance of counsel when defendant has previously been found indigent? ..........................................................................2

I. Effective assistance encompasses advocacy regarding court costs. ...................2

II. There is no strategic reason to fail to seek a waiver of costs for an indigent defendant. ................................................................................................2

III. There is a reasonable probability costs will be waived for an indigent defendant. .............................................................................................................. 3

IV. Waiver at sentencing mitigates against real and likely harms. .........................6

V. Effective advocacy around issues of court debt promotes successful reentry and reduces recidivism.............................................................................8 A. Waiver of costs for indigent defendants will generally promote

reentry and reduce recidivism. ............................................................... 9

B. Court costs are more likely to be waived through attorney advocacy. ...................................................................................................10

C. Waiver at sentencing provides the opportunity for appellate

review. .......................................................................................................11 CONCLUSION ............................................................................................................................11 CERTIFICATE OF SERVICE ..................................................................................................12

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APPENDIX

Cleveland Municipal Court Clerk of Court’s How Do I ....................................................... A-1 Cleveland Municipal Court Cost Schedule ........................................................................... A-4 Delaware Application for Time to Pay ................................................................................. A-6 Delaware Municipal Court Cost Schedule ............................................................................ A-7 Franklin County Local Rule 13, Schedule 9 ....................................................................... A-13 Hamilton County Case No. 16/TRD/949 ............................................................................ A-18 Kettering Municipal Court Cost Schedule .......................................................................... A-21 Maumee Municipal Court Welcome Page .......................................................................... A-23

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TABLE OF AUTHORITIES Page No. CASES:

In re Carter, 4th Dist. Jackson Nos. 04CA15, 04CA16, 2004-Ohio-7285................................2 Missouri v. Frye, 566 U.S. 134, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012) ...............................2 State v. Bonton, 8th Dist. Cuyahoga No. 102918, 2016-Ohio-700 ..........................................10 State v. Brown, 8th Dist. Cuyahoga No. 103427, 2016-Ohio-1546 ..........................................3 State v. Davis, 5th Dist. Licking No. 17-CA-55, 2017 Ohio App. LEXIS 5642, 13

(Dec. 20, 2017) ....................................................................................................................4 State v. Farnese, 4th Dist. Washington No. 15CA11, 2015-Ohio-3533 ...................................3 State v. Gibson, 8th Dist. Cuyahoga No. 104363, 2017-Ohio-102 ....................................2, 4, 6 State v. Pultz, 6th Dist. Wood No. WD-14-083, 2016-Ohio-329 ..............................................3 State v. Ryan, 10th Dist. Franklin Nos. 08AP-481, 08AP-482, 2009-Ohio-3235 .....................6 State v. Smith, 17 Ohio St.3d 98, 477 N.E.2d 1128 (1985) .......................................................3 State v. Taylor, 8th Dist. Cuyahoga No. 104243, 2017-Ohio-9270 ........................................11 State v. Threatt, 108 Ohio St. 3d 277, 843 N.E.2d 164, 2006-Ohio-905 .................................10 State v. Weddington, 4th Dist. Scioto No. 15CA3695, 2015-Ohio-5249 ..................................5 State v. West, 2d Dist. Greene No. 2015-CA-72, 2017-Ohio-7521 .......................................3, 5 State v. Williams, 3d Dist. Auglaize No. 2-13-31, 2014-Ohio-4425 .........................................5 Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)........2, 3, 4, 5

CONSTITUTIONAL PROVISIONS:

Sixth Amendment, United States Constitution ..........................................................................2 STATUTES:

R.C. 1901.44 ..............................................................................................................................7 R.C. 2947.23 ................................................................................................................2, 4, 6, 11

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OTHER AUTHORITIES: Cleveland Municipal Court Clerk of Court’s How Do I ............................................................7 Cleveland Municipal Court Cost Schedule ................................................................................8 Delaware Municipal Court Application for Time to Satisfy Fines & Costs ..............................7 Delaware Municipal Court Cost Schedule .............................................................................7, 8 deVuono-powell et al, Who Pays? The True Cost of Incarceration on Families, Ella

Baker Center, Forward Together, Research Action Design (Sept. 2015) ............................9 Dorn, Some Cuyahoga County Municipal Courts Bluff About Their Payment Plans,

Cleveland.com (Apr. 28, 2017) ............................................................................................8 Fiscal Note & Local Impact Statement, Sub H.B. 247 of the 129th G.A. .................................9 Franklin County Local Rule 13, Schedule 9 ..............................................................................8 Governor Signs Court Costs and Filing Fees Legislation, Court News Ohio (Dec. 24,

2012) ....................................................................................................................................9 Kettering Municipal Court Cost Schedule .................................................................................8 Maumee Municipal Court Welcome Page .................................................................................8 Mount Vernon Municipal Court Cost Schedule ........................................................................8 Ohio Legislative Service Commission, Dec. 13, 2012 ..............................................................9 Online Docket for Hamilton County Case No. 16/TRD/949/A .................................................7 Pow, Rebellious Social Movement Lawyering Against Traffic Court Debt, 64 UCLA

L. Rev. 1770 (2017) ...........................................................................................................10 Report and Recommendations of The Joint Committee to Study Court Costs and

Filing Fees (July 2008) ........................................................................................................9 Shookhoff, Sentences After Sentencing: The Unintended Consequences of Criminal

Justice Debt” 24 Fed. Sent. R. 62 (2011) ........................................................................2, 9

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STATEMENT OF THE CASE AND FACTS

Amicus curiae hereby adopts the statement of the case and facts set forth in Appellant

Benjamin Davis’s merit brief.

STATEMENT OF INTEREST OF AMICUS CURIAE OFFICE OF THE OHIO PUBLIC DEFENDER

The Office of the Ohio Public Defender (OPD) is a state agency designed to represent

indigent criminal defendants and to coordinate criminal-defense efforts throughout Ohio. The OPD

also plays a key role in the promulgation of Ohio statutory law and procedural rules. The primary

focus of the OPD is on the appellate phase of criminal cases, including direct appeals and collateral

attacks on convictions. The primary mission of the OPD is to protect and defend the rights of

indigent persons by providing and supporting superior representation in the criminal and juvenile

justice systems.

As amicus curiae, the OPD offers this Court the perspective of experienced practitioners

who routinely handle criminal cases in Ohio courts. This work includes representation at both the

trial and appellate levels. It also includes work on the issue of court costs. The OPD has an interest

in the present case insofar as this Court will consider whether a defendant is prejudiced by his

attorney’s failure to seek a waiver of costs at sentencing. That question necessarily entails

consideration of the importance of advocacy around issues of court debt. Because this Court’s

ruling will determine an attorney’s duty to inquire of and litigate on behalf of her client to ensure

unduly burdensome court costs are not imposed, the Ohio Public Defender is invested in the answer

to the certified-conflict question presented by this case.

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ARGUMENT

CERTIFIED QUESTION

Is trial counsel’s failure to file a motion to waive court costs at sentencing ineffective assistance of counsel when defendant has previously been found indigent?

I. Effective assistance encompasses advocacy regarding court costs.

Attorneys have an obligation to render effective assistance at all stages—and in all

aspects—of criminal proceedings. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80

L.Ed.2d 674 (1984). It is well settled that a defendant has the right to the effective assistance of

counsel at sentencing. Missouri v. Frye, 566 U.S. 134, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012).

Court costs are imposed as part of a defendant’s sentence. R.C. 2947.23(A). Thus, attorneys have

an obligation to advocate on behalf of their clients when it comes to the imposition of court costs.

See In re Carter, 4th Dist. Jackson Nos. 04CA15, 04CA16, 2004-Ohio-7285, ¶ 43; State v. Gibson,

8th Dist. Cuyahoga No. 104363, 2017-Ohio-102, ¶ 14. The complete failure to do so constitutes a

violation of the Sixth Amendment.

II. There is no strategic reason to fail to seek a waiver of costs for an indigent defendant.

Court costs can range from a few hundred dollars to several thousands, depending on the

case, the county, and local clerk practices. For an indigent defendant, this court debt can create a

significant burden that affects everything from vehicle registration to her ability to afford basic

necessities. See Shookhoff, Sentences After Sentencing: The Unintended Consequences of

Criminal Justice Debt, 24 Fed. Sent. R. 62 (2011). Consequently, an attorney’s failure to seek a

waiver of costs provides no tangible benefit to the indigent defendant.

Nevertheless, some appellate courts have speculated about possible attorney strategies for

such a failure. For example, the Eighth District Court of Appeals has suggested that counsel “may

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decide[] as a matter of strategy not to seek a waiver or modification of costs until some later time

* * *.” State v. Brown, 8th Dist. Cuyahoga No. 103427, 2016-Ohio-1546, ¶ 15; see also State v.

West, 2d Dist. Greene No. 2015-CA-72, 2017-Ohio-7521, ¶ 31. It cited to a decision in the Fourth

District Court of Appeals where that court reasoned that counsel’s delay would allow the trial court

“time to either reflect upon its sanctions” or allow “the vividness of the impact of Farnese’s

conduct” to fade. State v. Farnese, 4th Dist. Washington No. 15CA11, 2015-Ohio-3533, ¶ 16.

That rationale suggests a trial court’s decision to waive court costs—which are civil in

nature and not intended to serve as a punishment—is based upon the defendant’s criminal conduct.

But such discretion would be exercised improperly. Because waiver is only permitted for indigent

defendants, the legislature intended the discretion to be exercised to avoid burdening poor

defendants with oppressive court debt. It was not intended to serve as further punishment for more

egregious criminal conduct.

Trial counsel’s “objectively reasonable” strategy cannot be based upon a belief that the

trial court will act contrary to law. See Strickland at 694 (prejudice analysis should “proceed on

the assumption that the decisionmaker is reasonably, conscientiously, and impartially applying the

standards that govern the decision”). Accordingly, there is no reasonable strategy underlying a

failure to seek waiver at sentencing. But see State v. Pultz, 6th Dist. Wood No. WD-14-083, 2016-

Ohio-329, ¶ 62 (court holding that request for waiver is per se matter of trial strategy, despite

offering no reasonable explanation for such a strategy).

III. There is a reasonable probability costs will be waived for an indigent defendant.

A claim of ineffective assistance requires two findings: that counsel’s performance was

deficient and that the defendant was prejudiced because of it. Strickland at 693; State v. Smith, 17

Ohio St.3d 98, 100, 477 N.E.2d 1128 (1985). The prejudice prong is satisfied if there is a

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“reasonable probability” the outcome would have been different. Strickland at 694. A reasonable

probability is a “probability sufficient to undermine confidence in the outcome.” Id. Importantly,

a defendant “need not show that counsel’s deficient conduct more likely than not altered the

outcome in the case.” (Emphasis added.) Id. at 693.

Appellate courts are altering that standard when assessing ineffective assistance and court

costs. The courts have explicitly or implicitly applied an “irreversible prejudice” standard which

does not appear to be based upon any federal or state court precedent. Further, courts are ignoring

the “reasonable probability” burden and instead requiring defendants to show that the waiver

would have been granted.

“Irreversible prejudice”

In Mr. Davis’s case, the Fifth District Court of Appeals asked whether “the failure to file a

timely motion to waive costs created irreversible prejudice to the appellant.” (Emphasis added.)

State v. Davis, 5th Dist. Licking No. 17-CA-55, 2017 Ohio App. LEXIS 5642, 13 (Dec. 20, 2017).

The Fifth District cited to an Eighth District decision as authority for this enhanced burden under

Strickland, but the word “irreversible” appears nowhere in that opinion. See Gibson at ¶ 12-17.

The modifying term “irreversible” is integral to the Fifth District’s analysis, however, because it

relies upon the amendment to R.C. 2947.23, which allows for a subsequent waiver opportunity, as

evidence that the defendant cannot be prejudiced by counsel’s failure. But again, the standard is

simply prejudice, not “irreversible prejudice.”

The Third District Court of Appeals has also implicitly adopted the irreversible-prejudice

standard by reasoning that the possibility for a subsequent waiver makes it impossible for a

defendant to ever demonstrate Strickland prejudice:

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[The amended version of R.C. 2947.23), unlike the one in Weimert, provides the trial court with ongoing jurisdiction to waive, suspend or modify costs at sentencing or at any time after sentencing. Thus, even if counsel should have objected to the imposition of costs, the error is not prejudicial.

State v. Williams, 3d Dist. Auglaize No. 2-13-31, 2014-Ohio-4425, ¶ 17. The Third District

acknowledges that the difference in analysis now rests in the ability to move for later waiver. But

again, that is irrelevant to the question of whether there was a “reasonable probability” that the

trial court would have waived the costs at sentencing if asked. The Fourth District has similarly

tied continuing jurisdiction to the inability to demonstrate prejudice: “[B]ecause Weddington is

not precluded from now seeking waiver of the payment of costs based on her indigency, her trial

counsel’s failure to move to do so at sentencing did not prejudice her.” State v. Weddington, 4th

Dist. Scioto No. 15CA3695, 2015-Ohio-5249, ¶ 24. The Fourth District cites to no authority for

its implicit irreversible-prejudice standard, and there is no support in Strickland for the proposition

that a claim of ineffective assistance on appeal is necessarily unmeritorious solely because an

additional form of relief may be available to the defendant.

Certainty in outcome

The Second District, despite acknowledging that Strickland only requires a “reasonable

probability” rejected an indigent defendant’s claim of ineffective assistance because the court

could not “say that such a motion would have been granted.” (Emphasis added.) State v. West, 2d

Dist. Greene No. 2015-CA-72, 2017-Ohio-7521, ¶ 32. It focused on the fact that the defendant,

Thomas West, was presently 55 years old and in “apparent good health.” Id. at ¶ 23. It ignored

the fact that Mr. West was indigent at the time of trial, was convicted of two felonies, and sentenced

to seven years in prison. Id. at ¶ 23. Additionally, the Second District ignored that both a

competency and sanity evaluation were ordered before trial began. Id. at ¶ 16-18. There was

certainly a reasonable probability that a trial court presented with Mr. West’s indigency, the fact

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that he would be 62 years old when he was released from prison, and some evidence of possible

mental health issues would have granted Mr. West a waiver of costs if it had been sought at

sentencing. Similarly, the Tenth District, under the former version of R.C. 2947.23, held the

defendant to a certainty, rather than probability, standard: “[D]efense counsel’s failure to object to

the imposition of costs could not have constituted ineffective assistance of counsel because such

an objection would not have been successful.” State v. Ryan, 10th Dist. Franklin Nos. 08AP-481,

08AP-482, 2009-Ohio-3235, ¶ 86. That holding was based on R.C. 2947.23’s requirement that

courts impose costs on all defendants. Id. It ignored, however, the fact that the same provision

allowed courts to waive costs for indigent defendants.

An attorney has a duty to seek a waiver of costs. There is no justification for not seeking a

waiver for an indigent defendant if the record does not reflect that the defendant’s circumstances

have changed since the appointment of counsel. “A failure to file an affidavit of indigency is

ineffective assistance of counsel if the record shows there is a reasonable probability the defendant

would have been found indigent.” Gibson at ¶ 16.

IV. Waiver at sentencing mitigates against real and likely harms.

Despite its irrelevance to the question of prejudice, the State will likely join the appellate

courts in arguing that the opportunity for a later motion to waive alleviates counsel of the duty to

request an immediate one. Consequently, the State will likely argue that failure to request a waiver

is a matter of trial strategy and precludes a finding of prejudice. But, as illustrated below, that

subsequent opportunity does not prevent a defendant from being harmed by counsel’s failure to

advocate on his behalf before costs are assessed. So, even under the “irreversible prejudice”

standard some courts have adopted, Mr. Davis and defendants like him should succeed because

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there is real harm that results from the failure of counsel to request a timely waiver for indigent

defendants.

In both Maumee and Hamilton County, for example, any balance that is not paid after 30

days is sent to collections. See Maumee Municipal Court Welcome Page, available at

http://www.maumee.org/municipal_court/; Online Docket for Hamilton County Case No.

16/TRD/949/A. This may occur even if the sentence, which includes costs, is stayed. See Online

Docket for Hamilton County Case No. 16/TRD/949/A. The Hamilton County Clerk of Courts also

issues a vehicle registration block if the costs are not paid within 60 days of the judgment entry of

conviction. Id.; R.C. 1901.44(B). Thus, a person in Hamilton County whose attorney failed to

advocate on their behalf may experience debt collection and a registration block before they can

file a motion and receive a decision from the court regarding waiver. See also Delaware Municipal

Court Application for Time to Satisfy Fines & Costs (“Warning: Failure to comply with payment

schedule or to complete community service requirement may result in blocking your motor vehicle

registration/transfer privileges!”).

The Cleveland Municipal Court Clerk also forwards cases to several different entities for

collections, including Alliance One, the Attorney General’s Office, and the Law Office of David

Douglass. See Cleveland Municipal Court Clerk of Court’s How Do I, available at

https://clevelandmunicipalcourt.org/how-do-i-. If an individual is struggling to pay the court debt

that was imposed without objection by their attorney at sentencing, her debt may already have

been forwarded to collections before she can file a motion and receive an order from the court

waiving the amount. It is unclear whether such an order would result in the elimination of the debt

from collection, especially if the collection agency is a private company. It is also unclear whether

that subsequent waiver would eliminate the company fee that was charged when the debt was sent

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to the private collection agency. See Delaware Municipal Court Cost Schedule (“[O]nce the Clerk

turns the unpaid account over to a collection agency, that company will charge the person or entity

who owes unpaid fines or costs an additional 30% of the total amount owed.”); and Maumee

Municipal Court Welcome Page (“A 30% Collection Fee will be added to the balance of each

case.”).

A clerk’s own attempts at collection can result in substantially higher court costs and fees.

For example, asking the clerk for additional time to pay the debt will increase the debt. In Franklin

County, a payment plan requires an initial $25.00 deposit. See Franklin County Local Rule 13,

Schedule 9 (Costs and Fees). “Berea, East Cleveland, Garfield Heights, Lyndhurst, Shaker

Heights, South Euclid and Rocky River charge $25 to start a payment plan. Bedford and Euclid

charge $5, Cleveland Heights charges $10, Parma charges $20 and Cleveland charges $5 a month.”

Dorn, Some Cuyahoga County Municipal Courts Bluff About Their Payment Plans, Cleveland.com

(Apr. 28, 2017). In Cleveland, a defendant must also reapply every 90 days for additional time to

pay, which is another $15.00. See Cleveland Municipal Court Cost Schedule. In Delaware, every

month a balance remains unpaid results in an additional $10.00 fee. See Delaware Municipal Court

Cost Schedule. If the clerk decides to issue a registration block, that will run up the defendant’s

tab, as well. See, e.g., Delaware Municipal Court Cost Schedule ($50.00); Mount Vernon

Municipal Court Cost Schedule ($25.00); Kettering Municipal Court Cost Schedule ($15.00).

In sum, waiting for a subsequent motion to be filed and ruled upon can increase the ultimate

amount that is owed through either payment or community service. It can harm someone’s credit

score and inhibit driving privileges. These are real harms that can materialize for indigent

defendants whose attorneys fail to advocate on their behalves at sentencing. Those harms are not

necessarily alleviated even if a subsequent motion to waive is granted.

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V. Effective advocacy around issues of court debt promotes successful reentry and reduces recidivism.

The purpose of waiver is to ensure that indigent defendants are not burdened with

oppressive court debt that destabilizes the individual’s life or serves as a punishment because of

its severity. See Fiscal Note & Local Impact Statement, Sub H.B. 247 of the 129th G.A. (as

enacted), Ohio Legislative Service Commission, Dec. 13, 2012; Governor Signs Court Costs and

Filing Fees Legislation, Court News Ohio (Dec. 24, 2012) (noting that the legislation responded

to 11 recommendations from the Joint Committee to Study Court Costs and Filing Fees). Ensuring

that waiver is effectively sought and granted when appropriate promotes the General Assembly’s

goals in allowing waiver for indigent defendants and allowing trial courts to retain jurisdiction to

waive costs if financial circumstances change. See Report and Recommendations of The Joint

Committee to Study Court Costs and Filing Fees (July 2008), available at

http://www.supremecourt.ohio.gov/publications/jtcommcourtcostsreport.pdf.

A. Waiver of costs for indigent defendants will generally promote reentry and reduce recidivism.

“Financial penalties often turn into unmanageable debts that interfere with reentry and

rehabilitation because of the financial and emotional strain on economically unstable individuals,

as well as the criminal and civil consequences of failure to pay.” Shookhoff, Sentences After

Sentencing: The Unintended Consequences of Criminal Justice Debt, 24 Fed. Sent. R. 62 (2011).

Court debt also creates hardship for family members, who often take on the responsibility of paying

down the debt. “These financial burdens were found to disproportionately fall to women in the

family who also had children living at home. Almost half of the family members primarily

responsible for paying court-related costs were mothers, and one in ten were grandmothers.”

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deVuono-powell et al, Who Pays? The True Cost of Incarceration on Families, Ella Baker Center,

Forward Together, Research Action Design (Sept. 2015).

Given its deleterious effects on indigent defendants, waiver of court debt when appropriate

serves important goals, like public safety and rehabilitation. Accordingly, attorneys should seek

waiver at sentencing when the costs are imposed. Timely waiver avoids the short-term harms of

court debt and ensures that long-term harms never materialize.

B. Court costs are more likely to be waived through attorney advocacy.

Without an attorney’s advocacy, a trial court may not be aware of the hardship court debt

poses on an individual client. It is the attorney’s responsibility to bring that information to the

attention of the court to ensure the court is fully aware of the defendant’s financial circumstances

so that it may waive court costs when appropriate. Further, some studies show that waiver is more

likely to be granted when it is requested by an attorney. See, e.g, Pow, Rebellious Social Movement

Lawyering Against Traffic Court Debt, 64 UCLA L. Rev. 1770, 1789 (2017).

Additionally, an attorney can identify instances when waiver is improperly denied. For

example, in State v. Bonton, the Eighth District noted that the trial court used the imposition of

court costs to punish the indigent defendant:

And also as part of the punishment here, you’re going to have to pay the costs of the prosecution, the cost of the attorney fees. You’re going to have to pay the supervision fee. All right. That’s part of my gig here. It’s part of your punishment. You pay all the costs of everything involved, you successfully complete probation, you won’t see me. You’ll be done. Are you with me?

8th Dist. Cuyahoga No. 102918, 2016-Ohio-700, ¶ 19-20. Had the attorney sought waiver, the

issue would have been preserved for appeal and reviewed for abuse of discretion. State v. Threatt,

108 Ohio St. 3d 277, 843 N.E.2d 164, 2006-Ohio-905, paragraph four of syllabus (2006). Because

the denial was rooted in a misconception of the purpose of court costs, it is likely an appellate court

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would have reversed the decision as being contrary to law. Because the trial attorney was silent,

the costs remained imposed and served as punishment.

C. Waiver at sentencing provides the opportunity for appellate review.

At least one appellate district has stated that the denial of a motion to waive costs under

R.C. 2947.23 is not a final, appealable order. State v. Taylor, 8th Dist. Cuyahoga No. 104243,

2017-Ohio-9270, ¶ 11 (en banc). Though amicus curiae disagree with that conclusion, it does mean

that appellate review of a waiver denial is foreclosed to defendants whose attorneys fail to advocate

on their behalves at sentencing. Appellate review is necessary to ensure that trial courts exercise

their discretion properly when addressing requests for waiver. To ensure that indigent defendants

have a meaningful opportunity to seek waiver and to have it granted when appropriate, the waiver

must be requested at sentencing.

CONCLUSION

An attorney has an obligation to effectively represent her client during all stages, and in all

aspects, of criminal proceedings. Court costs, which may appear minor in comparison to lengthy

prison sentences, are still a part of the defendant’s sentence, a serious consequence of a criminal

conviction, and can have significant negative effects on the indigent defendant’s life. Accordingly,

the Constitution mandates that attorneys seek a waiver of costs at sentencing for their indigent

clients.

Respectfully submitted, OFFICE OF THE OHIO PUBLIC DEFENDER

/s/: Nikki Trautman Baszynski_______________ NIKKI TRAUTMAN BASZYNSKI (0091085) Assistant State Public Defender

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250 East Broad Street – Suite 1400 Columbus, Ohio 43215 (614) 466-5394 (614) 752-5167 – Fax nikki.baszynski@opd.ohio.gov

COUNSEL FOR AMICUS CURIAE OHIO PUBLIC DEFENDER

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Amicus Brief of Amicus Curiae Office of

the Ohio Public Defender was sent by regular U.S. mail, postage prepaid, to Clifford J. Murphy,

Assistant Prosecuting Attorney, 20 North Second Street – 4th Floor, Newark, Ohio 43055; James

A. Anzelmo, Anzelmo Law, 446 Howland Drive, Gahanna, Ohio 43230; and Alex J. Durst, The

Durst Law Firm, 810 Sycamore Street – 2nd Floor, Cincinnati, Ohio 45202, on this 16th day of

July 2018.

/s/: Nikki Trautman Baszynski_______________ NIKKI TRAUTMAN BASZYNSKI (0091085) Assistant State Public Defender

COUNSEL FOR AMICUS CURIAE OHIO PUBLIC DEFENDER #888744

IN THE SUPREME COURT OF OHIO

STATE OF OHIO, : : Case No. 2018-0312 Plaintiff-Appellee, : : On Appeal from the Licking County v. : Court of Appeals, : Fifth Appellate District BENJAMIN A. DAVIS, : Case No. 2017-CA-55 : Defendant-Appellant. :

APPENDIX TO MERIT BRIEF OF AMICUS CURIAE OFFICE OF THE OHIO PUBLIC DEFENDER

IN SUPPORT OF APPELLANT BENJAMIN A. DAVIS

                                     

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How do I pay off or make a payment on my Collections Case?

1. If your case has been forwarded to Alliance One for collections

Go to http://clevelandmunicipalcourt.org/

At the top of the page select the Clerk of Courts heading

Select Collections and Pay Alliance One

The Alliance One payment page appears

Enter your user name and password.If you don’t have an account select Register and a registration formappears.

Enter the required information to create a new account

If you have any problems registering a new account or want to pay by phone please contact AllianceOnce at the:

Gig Harbor Office PO Box 2449

6565 Kimball Dr. Gig Harbor, WA 98335

800-456-8838

2. If your case has been forwarded to the Ohio Attorney General’s Office for collections

Go to http://clevelandmunicipalcourt.org/

At the top of the page select the Clerk of Courts heading

Select Collections and Pay Ohio Attorney General

The Ohio Attorney General Payment page appears

Enter your Account Number and Password

Your Account Number is identified in all correspondence from the Ohio Attorney General

Your Password is the CRN, SSN or DRL number (do not include dashes if using SSN)

If you should have any problems making a payment online or prefer to pay by phone, please contact theOhio Attorney General Office at 800-282-0515 Monday – Friday 8 a.m. – 7 p.m.

Ohio Attorney General Mike DeWine 30 E. Broad St., 14th Floor

Columbus, OH 43215

3. If your case has been forwarded to David Douglass for collectionsA-2

Please contact the David Douglass Law Office at 888-871-1776

A-3

                                     

Criminal Cost ScheduleHome > Clerk of Courts > Criminal/Traffic Division > Criminal Cost Schedule

Please refer to Schedule D, below, excerpted from the Local Rules of Practice and Procedure, Rule 18.

Schedule D

General Division Criminal Costs and Filing Fees

DESCRIPTION OF COSTS         Amount

City Costs $50.00

State Costs  

     Victim of Crime Fee 9.00

     Indigent Defense Support Fund           

     Traffic Offense 10.00

     Misdemeanor Offense 20.00

County Costs  

     REDSS 5.00

     Crimestoppers 1.00

Basic Court Costs  

     Computerization Fees 13.00

     Special Project Fee       Merchant Service Fee 32.00 2.00

ADDITIONAL COURT COSTS  

Active Probation Supervision Fee 150.00

Inactive Probation 25.00

Appeal of BMV Suspensions 50.00

Reinstatement Fee Payment Plan 15.00

Bound over to Common Pleas Court 15.00

Bond Posted 5.00

Bond Surcharge 25.00

Capias / Bond Forfeiture Capias / Warrant Block 30.00

Continued at Defendant’s Request 10.00

Commitment 10.00

Community Work Service Fee 10.00

Domestic Violence Intervention & Education Program 80.00

DDVD-Deferred Judgment Program Placement 200.00

Clerk of Courts Judicial Services Housing Court

Contact Us

A-4

Get On Track Program 200.00

Indigent Application Fee for Public Defender 25.00

Jury Impaneled and Sworn; Jury Fee Assessed 225.00

Leave of Court for Late Waiver 20.00

License Forfeiture Release Notice Sent to BMV ($5.00 City of Cleveland - $15.00 State of Ohio BMV) 20.00

Court Ordered License Reinstatement Sent to BMV 20.00

Mittimus (Jail Transport) 10.00

Motion Filed by Defendant 5.00

Motion/Application for Limited Driving Privileges 50.00

Motion/Application to Expunge or Seal Record 50.00

Non-Sufficient Funds (Check Returned) 35.00

Non-Sufficient Funds Certified Mail Fee 7.00

Request for File from National Underground Storage 25.00

Online Transaction Fee 2.00

Selective Intervention Program (if program is successfully completed and $200.00 fee paid - Case isNolled and Record Sealed)    

200.00

Specialized Dockets Participation Fee

100.00

Summons Ordered Issued 10.00

Traffic Intervention Program  50.00

Time to Pay 15.00

Time to Pay Monthly Fee 5.00

Time to Pay Extended (90 Days) 15.00

Work Release Ordered 100.00

Subpoenas for a Cleveland Police Officer 5.00

All other Subpoenas 11.00

Certified Copies 5.00

Disposition Copies 1.00

Revised 9/9/15

A-5

IN THE DELAWARE MUNICIPAL COURT, DELAWARE COUNTY, OHIOJustice Center • 70 North Union Street, Delaware, Ohio 43015 • Voice: 740.203.1570 • Facsimile: 740.203.1599 • www.municipalcourt.org

State of Ohio/City-Village of

vs.

Defendant

CASE NO:

Application for Time to Satisfy Fines & Costs /

Recall License/Registration Block

A. [ ] The court granted time to pay fines & costs on condition that I complete this application. [motion & monthly fees apply]

B. [ ] I request more time and I am able to pay in [motion & monthly fees apply] [ ]30 [ ]60 [ ] days.

C. [ ] I request leave to perform community service in lieu of cash on fines and costs. [motion fees apply]

D. [ ] I request recall of license/registration block(s) contingent upon timely payments by me. [motion fees apply]

E. I provide the following information in order to persuade the court/clerk to permit the relief requested. spacer

1. Current residence No. Street City State Zip

2. Phone Home Work Mobile Email spacer

3. Employer Name of employer Address

4. Savings / Checking Acct. Name of bank or institution Address

5. Contact person Name Address Phone

6. A. I [ ]own [ ]rent my home (check one). B. I [ ]own [ ]do not own a vehicle (check one). Spacer

F.

I certify the above information is true, accurate and complete. X Defendant

Warning: Failure to comply with payment schedule or to complete community service requirement may result in blocking your motor vehicle registration/transfer privileges! R.C. § 1901.44. WebCrTr App4Time2Pay091616.wpd1237010617 © 2015 K. Pelanda Ver. 30Nov161

Journal Entry - Magistrate’s Order / Judgment Entry - Magistrate’s Decision

G. Defendant is able and shall pay 1. in full by . 20 . at least $ by 10:00am on the

2d Tuesday each month until paid in full. 2. Defendant shall appear in court for hearing at 10:00AM on date/day shown

if fines and costs are not paid as ordered. Defendant has a right to an attorney at all hearings. Warning: Failure to satisfy2

pay/community service requirement(s) may result in the blocking of Defendant’s vehicle registration or transfer registration! R.C.1

§ 1901.44. 3. [ ] Motion denied, Defendant must pay fines/costs as previously ordered.

H. [ ] Defendant: report to [ X ] court [ ] Delaware Co. jail at 10:00am for enforcement. Sheriff: commit

for fines. Defendant was able to satisfy fines & costs (by payment or C.S.) in time allowed, but failed to do so. RC § 2947.14.4

I. [ ]Defendant is noncompliant; vehicle registration blocked on or after 30days and matter referred to outside

collection absent prior compliance. $ is current balance due. Warning: Failure to timely pay may lead to block on

vehicle registration/transfer privileges and additional fees! R.C. § 1901.44. Clerk notify OBMV; serve Defendant by OM. 1

J. [ ] Defendant’s Ohio driver license/CDL/permit which appears to be current & valid is forfeited for failure to appear / comply

on offense under RC §§ 4503.11, .12, .182, .21; 4507.02, .05, .35; 4510.11, .111, .12, .16, .21; 4511.01-.76, .81, .82, .84; 4513.01-

.65, or 4549.01-.65; or similar ordinance. (License and vehicle registrations-transfers will be suspended and blocked.) R.C. §§

4510.22, 2935.27, 2937.221. Clerk: in 30 days send notice and OL, if in file, to OBMV.

K. [ ] Clerk: recall license/registration block(s) upon [ ]payment in full [ ] first partial payment of at least $ .

L. [ X ]Defendant may apply C.S. (in full/part) to fines & costs. (Probation office must pre-approve all C.S.) Probation fees3

accruing hereafter may be paid monthly, all other sums due shall be paid as above shown. No party may assign error on appeal

to adoption of magistrate findings/conclusions absent timely-filed, specific objections. Crim R. 19(D), Traf. R. 14.

M.

Magistrate / Judge

Judge - Adopted as final order subject to CR19/TR 14

Recommended for Approval by Probation Off. / D iversion Coord.

Served on by [ ]hand delivery. [ ]mail. [ ] Received and reviewed / [ ]Service waived w/o review

Bailiff / Dep. Clerk X Defendant

Other actions may apply, not limited to arrest, loss of driving privileges, community control enforcement, 30% collection fees, and costs.1

Extension of time to pay does not affect probation fees payable monthly per separate order, if any.2

$10 per hour toward fines and costs. Not more than 40hrs/month. R.C. §§ 2947.23 & 2929.28(B).3

Commitment abates without further order upon full payment of fines (before or during commitment). Costs must be fully paid before payment applied to fines.4

Application for Time to Pay / Recall License/Registration Block w. Journal EntryA-6

1

CRIMINAL & TRAFFIC DIVISION

COST SCHEDULE

Delaware Municipal Court

Delaware County, Ohio

Effective January 1, 2017

Basic costs in all criminal, traffic, and parking-violation cases (these costs are assessed

on just one charge in each case or on each traffic citation):

Local costs $ 60.00

Computerized legal research fee (R.C. 1901.261(A) & (B)) $ 13.00

Special projects fund (R.C. 1901.26(B)(1)) $ 12.00

Total local costs for criminal & traffic cases $ 85.00

Plus, at the earlier of (1) the time when bail is posted or

(2) the time when the defendant is convicted, the Clerk will collect:

Additional cost for any case involving a moving traffic offense $ 39.00

($9 to the state victims reparation fund (R.C. 2743.70(A)(1)(b));

$20 to the state indigent defense support fund (R.C. 2949.091(A)(1)(a)(ii));

$10 to various state and municipal funds (R.C. 2949.094(A)))

Note: If bail is posted in the case, the $25 bail surcharge listed below

must also be paid.

Additional cost for any case involving a non-traffic misdemeanor $ 29.00

($9 to the state victims reparation fund (R.C. 2743.70(A)(1)(b));

$20 to the state indigent defense support fund (R.C. 2949.091(A)(1)(a)(ii)))

Note: If bail is posted in the case, the $25 bail surcharge listed below

must also be paid.

Additional cost for any case involving a non-moving traffic offense $ 10.00

($10 to the state indigent defense support fund (R.C. 2949.091(A)(1)(a)(iii)))

Other Costs

Absentia, Plea in – see Plea in Absentia

Appeals

Filing of notice of appeal $ 65.00

Filing of notice of cross-appeal $ 25.00

Motion for stay of judgment pending appeal $ 15.00

A-7

2

Audio recording of court proceeding – see Copies

Bad checks – see Checks

Bail surcharge $ 25.00

(must be paid to the Clerk whenever bail is posted for any offense

other than a non-moving traffic offense) (R.C. 2937.22(B))

Bail forfeiture – see Bond

Bind-Over Fee (charged when the court holds a preliminary hearing $ 25.00

in a felony case and finds probable cause to believe that a felony

has been committed)

Bond forfeiture

(as a result of a failure to appear for a court proceeding) $ 20.00

(as part of a negotiated plea) $ 10.00

Bureau of Motor Vehicles (BMV) matters (filed in the civil division)

Appeal of a 12-point license suspension $ 100.00

Application for driving privileges during a BMV-imposed suspension $ 90.00

Reinstatement-fee payment plan application (R.C. 4510.10) $ 90.00

(a single $90 fee will be charged if an applicant requests both

driving privileges and a reinstatement-fee payment plan)

Cancellation of operator’s license – see Operator’s license

Checks that are returned for insufficient funds, are drawn on closed accounts, Current bank fee

or for which the drawer stops payment

Checks – drawn on an international bank (i.e. Canadian) Current bank fee

Collection fee – see Unpaid

Commitment, preparation of (enforcing a court order imposing jail days) $ 10.00

Community control fee $ 25.00/month

(for separate fee if EMHA ordered – see Electronically-monitored)

Community control violation fee $ 20.00

(charged to the defendant whenever a community control officer

files a violation notice)

Contempt $ 25.00

Charged to the defendant when the community-control office or

the company that immobilizes vehicles asks that the defendant

be held in contempt for an alleged failure to comply with a court order

A-8

3

Continuance – see Motions

Copies (plus service fee if the copies are not picked up from the Clerk’s office)

Certified copy of a court record (plus the per-page cost of the copies) $ 3.00

Exemplified copy of a judgment entry (a copy signed by $ 25.00

the Clerk and a judge)

Photocopy (per page) $ 0.05

Printout of court docket (per page) $ 0.25

Video and audio recording of court proceeding $ 5.00

Credit card fee (charged whenever a credit card is used in person or online

to make any payment) 3rd

Party fee

Delinquent payment fee – see Unpaid

Discharge from the jail, order for $ 5.00

Diversion program $ 150.00

Driver’s license cancellation – see Operator’s license

Driving privileges during administrative license suspension or court suspension,

application for (must include proof of current car insurance) $ 30.00

Note: An additional $30 charge will be imposed whenever the

defendant requests a change in a previously-granted privilege

order, and also when privileges are requested for a court-imposed

suspension after an earlier request for privileges during an ALS.

Driving privileges during a BMV-imposed suspension – see Bureau

Driving privileges with ignition interlock or SCRAM ordered in OVI cases $ 5.00

(includes $2.50 to state highway safety fund

and $2.50 to special projects fund) (R.C. 4510.13(A)(9))

Electronically-monitored house arrest (EMHA) fee $ 3.00/day

(plus the daily cost of the monitoring equipment)

Exemplified copy – see Copies

Expungement, application for – see Sealing

Felony – see Bind-Over

Forfeiture of operator’s license – see Operator’s

Grand jury – see Bind-Over

A-9

4

Hearing – see Motion hearing

Ignition interlock ordered in OVI cases – see Driving privileges

Immobilization fee $ 15.00

(plus the amounts payable to the immobilizing company and later to the BMV)

Immobilization, waiver of – see Waiver

Installment fee – see Unpaid

Interest charged on unpaid fines and costs – see Unpaid

Insurance, failure to provide proof of car insurance $5.00

in connection with a traffic offense

Jail commitment – see Commitment

Jail release – see Discharge

Jury demand – see Demand

Jury fees (daily fee assessed for – and payable to – each juror $ 40.00

and alternate juror selected for jury service)

Jury venire (daily fee assessed for – and payable to – each person who $ 25.00

appears for jury duty when (1) the case is resolved or continued on

the day of trial before a jury is seated, and (2) the trial judge

determines that costs should be charged

License cancellation or forfeiture – see Operator’s

Mileage – see Service or delivery fees; see also Subpoena

Motions

Continuance of an arraignment $ 5.00

Continuance of any other scheduled event $ 10.00

(the fee is not charged for the prosecutor’s motions)

Post-judgment motion, including a motion to modify a sentence $ 15.00

Stay of judgment pending appeal – see Appeals

Motion hearing (charged when the court holds a hearing on a motion, $ 10.00

including a motion to suppress)

Notice that a warrant has been ordered $ 10.00

Operator’s license cancellation $ 25.00

A-10

5

Operator’s license cancellation, notice of $ 10.00

Operator’s license cancellation, release of $ 20.00

Payment by credit card – see Credit card

Plea in Absentia Under Traffic Rule 12 $100.00

Photocopies – see Copies

Preliminary hearing – see Bind-Over

Probation fee – see Community control

Probation violation – see Community control violation fee

Proof of insurance, failure to provide – see Insurance

Public defender application fee (R.C. 120.36) $ 25.00

Recording of court proceeding – see Copies

Registration Block (R.C. 1901.44(B)) $ 50.00

Registration Block Release $ 25.00

SCRAM ordered in OVI cases – see Driving privileges

Sealing of conviction record or bail forfeiture record (R.C. 2953.32(C)(3)) $ 50.00

Sealing of record after not-guilty finding or dismissal of complaint $ 25.00

Service or delivery fees

(a separate charge is assessed for each party upon whom service is requested)

Certified mail $ 15.00

Express mail [at current U.S. Postal Service rate]

Ordinary mail $ 5.00

Personal service (plus mileage at the current mileage rate set $ 20.00

annually by the Internal Revenue Service (IRS) for business miles)

Service on the Ohio Secretary of State by personal service $ 20.00

(plus certified-mail service fee and any costs

owed to the Franklin County Sheriff’s Office or

other process server)

A-11

6

Service by publication (plus the actual cost of publication) $ 12.00

Registered mail $ 15.00

Residence service (plus mileage at the current mileage rate set $ 20.00

annually by the Internal Revenue Service (IRS) for business miles)

Subpoena (R.C. 1901.26(A)(4))

Witness’s mileage at 50.5¢ per mile and witness fees for:

One-half day or less $ 6.00

Full day $ 12.00

(A half day’s attendance means a day on which a witness is required

or requested to be present at the court or at some other legal proceeding

either before or after 12:00 p.m. (noon), but not both, regardless of

whether the witness actually testifies.) (R.C. 1901.26(F)(2))

(A full day’s attendance means a day on which a witness is required

or requested to be present at the court or at some other legal proceeding

both before and after 12:00 p.m. (noon), regardless of whether the

witness actually testifies.) (R.C. 1901.26(F)(1))

Unpaid fines and costs $10.00/month

(this monthly fee is charged as long as fines or costs remain unpaid)

(In addition, once the Clerk turns the unpaid account over to a

collection agency, that company will charge the person or entity who

owes unpaid fines or costs an additional 30% of the total amount owed.)

Vehicle registration block – see Registration Block

Video recording of court proceeding – see Copies

Waiver of vehicle immobilization (R.C. 4503.235) $ 50.00

Warrant (plus service fee) $ 60.00

Warrant block release $ 20.00

Warrant order, notice of – see Notice

Witness fee – see Subpoena

A-12

Rule 13

Schedule 9.00

Page 1

Schedule 9.00

Costs and Fees

I All costs outlined by this schedule are to be deposited with the Clerk of Courts at the time

of filing, except with regard to the United States, the State of Ohio, Franklin County and

the City of Columbus unless costs are waived by the Court. The Clerk of Courts may

refuse to accept any filing where the deposit of costs as required herein has not been made,

or where a judgment for costs against the party is unsatisfied. In the event such a filing is

accepted by the Clerk, the same may be stricken from the files by order of the Court.

All Civil Cases except Small Claims and Forcible Entry and Detainer 60.00

(Includes service for up to 3 defendants with one address each. For

additional defendants and/or addresses, see additional service fees below)

Small Claims Cases 40.00

(Includes service for up to 3 defendants with one address each. For

additional defendants and/or addresses, see additional service fees below)

Forcible Entry and Detainer Cases 70.00

(Includes ordinary mail and bailiff or certified mail service for up to

3 defendants with one address each. For additional defendants

and/or addresses, see additional service fees below)=

Initial Publication Fee - all Civil Cases except Small Claims 10.00

State Legal Aid Fee - 26.00

State Legal Aid Fee - Small Claims Cases only 11.00

Court - Computerization Fee (all cases) 3.00

Clerk - Computerization Fee (all cases) 10.00

Secure Facilities Fee 10.00

Specialized Dockets Fee 3.00

Assisted Civil Self Help Fund for Indigent Persons 1.00

Additional Service Fees

Personal Service 25.00

Residence Service 25.00

Express Mail (plus current rate charged by USPO for express mail) 5.00

Certified Mail 6.00

Ordinary Mail 3.00

Sheriff Service (includes $35.00 deposit for sheriff fees) 41.00

Supervised Set Out 40.00

Publication $10.00 payable to clerk plus the amount equal to current minimum rate

Advance Appraisers Fees in Attachment of Property (3 checks for

A-13

Rule 13

Schedule 9.00

Page 2

$60.00 each payable to court appointed appraisers) 180.00

Advance Appraisers Fees in Replevin (2 checks for $35.00 each

payable to court appointed appraisers) 70.00

Jury Demand 10.00

Each Juror impaneled to serve (per day or portion of day) 20.00

Advance Jury Deposit 500.00

Praecipe for Writ of Execution (includes service) 35.00

Towing and Storage Deposit (payable upon filing of praecipe for

execution against each motor vehicle) 800.00

Praecipe for Writ of Replevin (Includes service) 35.00

Praecipe for Writ of Restitution (includes service) 35.00

Praecipe for Supervised Set Out (includes service) 45.00

Appointment of Special Process Server 3.00

Annual Appointment of Special Process Server (Miscellaneous Filing) 25.00

Subpoena (plus additional service and witness fees) 5.00

Witness' fee - appearance until 12:00 noon-1/2 day (plus $.50½ per mile) 6.00

Witness' fee -appearance after 12:00 noon-1/2 day (plus $.50½ per mile) 6.00

Witness' fee - a.m. appearance continued after 12:00 noon - 1 day (plus $.50½

per mile) 12.00

Preparation of judgment transcript, including indexing 10.00

Preparation of certificate of judgment, including endorsing certificate and indexing 10.00

Docketing and Indexing petition to revive judgment 30.00

(Includes service for up to 3 defendants with one address each. For

additional defendants and/or addresses, see additional service fees above)

Preparation of docket transcript 20.00

Filing and preparation of all documents on appeal 50.00

Filing Aid in Execution of Garnishments of other than Personal Earnings 40.00

(includes service) (plus $1.00 check/money order payable to garnishee)

Filing Aid in Execution of Garnishments of Personal Earnings (includes service) 85.00

Post Judgment Motion (Not otherwise specified in this rule) 20.00

Judgment Debtor Examination Notices (plus additional service fees) 5.00

Objection to Magistrate=s Decision 20.00

Amended Complaint (plus additional service fee) 20.00

Third Party Complaint (plus additional service fee) 20.00

Cross Claim/Counter Claim (plus additional service fee, if requested) 20.00

Motion or Counterclaim, Cross Claim or Third Party Complaint - Transfer from

Small Claims Division to General Division 45.00

Order To Show Cause (includes service) 50.00

A-14

Rule 13

Schedule 9.00

Page 3

Application for Appointment of Trustee (plus $3.00 for each creditor) 30.00

Marriage Fee 25.00

Photocopies (per page) .05

Clerk Certification of Records 1.00

Returned Check fee 20.00

Check and Account Resolution Service Fee 15.00

(for up to 5 checks or accounts per individual or business)

II COSTS IN CRIMINAL, TRAFFIC AND ENVIRONMENTAL CASES:

Processing cost, (per case) 31.00

Court - Legal research/computerization fee (all cases) 3.00

Clerk - Computerization fee (all cases) 10.00

Citizens= Reward Program - (Excluding Traffic) 1.00

Secure Facilities Fee 10.00

Specialized Dockets Fee 3.00

Assisted Civil Self Help Fund for Indigent Persons 1.00

State Reparation Fund (Witness Victim Fee) - Misdemeanor 9.00

State Reparation Fund (Witness Victim Fee) - Felony 30.00

Indigent Defense Support Fund (Felony) 30.00

Indigent Defense Support Fund (Misdemeanor) 20.00

Indigent Defense Support Fund (traffic non-moving violations) 10.00

Indigent Defense Support Fund – Bail Surcharge (excluding traffic non-moving

violations) 25.00

Alcohol Treatment and Drug Law Enforcement Funds 10.00

(moving violations only)

Habitual OVI/OMWI Offender Registry 2.50

Waiver of Immobilization 50.00

Summons processing cost (per case) 10.00

Continuance 5.00

For each juror impaneled to serve (per day or portion of day) 20.00

Bench warrant processing cost (per case) 12.00

Bench warrant for Bond Forfeiture processing cost ( per case) 12.00

Declaration of License Forfeiture 25.00

Warrant Block Fee 25.00

Time Payment Authorization 25.00

Warrant Issued on Complaint 2.00

Subpoena for witness (plus additional service and witness fees) 5.00

Additional Service Fees

A-15

Rule 13

Schedule 9.00

Page 4

Witness' fee - appearance until 12:00 noon-1/2 day (plus $.50½ per mile) 6.00

Witness' fee -appearance after 12:00 noon-1/2 day (plus $.50½ per mile) 6.00

Witness' fee - a.m. appearance continued after 12:00 noon - 1 day (plus $.50½

per mile) 12.00

Filing and preparing all necessary documents on appeals 10.00

Competency Evaluation 150.00

Pretrial Psychiatric Examination 150.00

Presentence Psychiatric Examination 150.00

Sealing of Record [R.C. 2953.32] (payable in advance) 50.00

Expungement – Human Trafficking [R.C. 2953.37] (payable in advance) 50.00

Expungement – Certain Firearm Offenses [R.C. 2953.38] (payable in advance) 50.00

Supervised Community Service Fee-Administrative Fee 10.00

Supervised Community Service Fee-Community Clean Up Crew 10.00

Misdemeanor Processing Fee 13.00

Check returned for insufficient funds 25.00

Petition for occupational driving privileges (R.C. 4511.191) 20.00

Limited and Unlimited Interlock Driving Privileges 2.50

Probation Supervision Fee (per month) 10.00

Probation Supervision Fee (per month) Environmental Cases 30.00

(building, housing, air pollution, sanitation, fire, zoning, property maintenance

safety codes, and animal related offenses)

Probation - Monitoring Only (PNC) 50.00

Probation Violation (upon finding of a violation) 30.00

Criminal Diversion Program 50.00

Traffic Diversion Program 25.00

Indigent Defendant Application Fee 25.00

II COURT REPORTERS FEES: Court Reporters charge the party ordering the transcript

according to the following schedule, payable before delivery of the transcript (Rule

10.01). An advance deposit may be requested at the discretion of the reporter.

Civil Cases

Original (per page) 3.50

Opposing side (per page) 3.50

Extra copies (per page) .75

Court ordered cases (per page) .00

A-16

Rule 13

Schedule 9.00

Page 5

Criminal Cases

Original (per page) 3.25

Opposing side (per page) 3.25

Extra copies (per page) .75

Court ordered cases (per page) .00

SPECIAL PROVISIONS:

1. Affidavit of inability to pay. Any person who seeks a waiver of payment of any

cost shall complete AAffidavit of Inability To Pay Costs.@ The submitted

affidavit is to be submitted to the Duty Judge for hearing and ruling.

2. All appraiser and advertising fees set by Rule 13, Schedule 9.00 shall be paid to the

chief service bailiff on or before the date set by entry at the time of the exemption

hearing. If the party requesting an appraisal fails to pay the fees in accordance

the execution and/or levy is void.

A-17

7/16/2018 https://courtclerk.org/data/case_summary.php

https://courtclerk.org/data/case_summary.php 1/3

Case Number: /16/TRD/949Court: Municipal Criminal/TrafficCommon Pleas CaseNumber:Case Caption: CITY OF CINCINNATI vs. GREGORY WHITEJudge: CURT KISSINGERFiled Date: 01/07/2016Case Type: -Race: BLACK - AFRICAN AMERICANSex: MAge: 63Date of Birth: 06/06/1955Count:A DRIVING UNDER FRA SUSPENSION 4510-16 ORCNDisposition: 10/19/2017 - CONTINUEDCount:B REASONABLE CONTROL 4511-202 ORCNDisposition: 10/19/2017 - CONTINUED

Count:C STOPPING AFTER ACCIDENT ON PUBLIC ROADS OR HIGHWAYS4549-02 ORCN

Disposition: 10/19/2017 - CONTINUED

Case Number Section Date Filed Party Name Date ofBirth Amt Notes

/16/TRD/949/A 4510-16 01/07/2016 WHITE/GREGORY 06/06/1955

No PaymentOwed.

If you feel this isin error, pleasecontact theMunicipalCriminalDivision at (513)946-6040

/16/TRD/949/B 4511-202 01/07/2016 WHITE/GREGORY 06/06/1955 $41.00 Due Now! Add to Cart

/16/TRD/949/C 4549-02 01/07/2016 WHITE/GREGORY 06/06/1955

Not eligible foronline payment.Probation casesmust be paid inperson. Pleasecontact Probationat (513) 946-9835 or (513)946-9771

Case HistoryShow All Rows

Date Description Amount

06/04/2018RECALLED RECORD FROM COLLECTION AGENCY.REASON: MISCELLANEOUS: AG'S WILL NOT COLLECT DUE TOBANKRUPTCY /16/TRD/949/B

A-18

7/16/2018 https://courtclerk.org/data/case_summary.php

https://courtclerk.org/data/case_summary.php 2/3

Date Description Amount

03/13/2018 ENTRY FROM THE SUPREME COURT OF OHIO (C 1600403, C1600410) /16/TRD/949/C

03/13/2018 ENTRY FROM THE SUPREME COURT OF OHIO (C 1600403, C 1600410)

03/13/2018 ENTRY FROM THE SUPREME COURT OF OHIO TO CERTIFY RECORD. (C1600403, C 1600410) /16/TRD/949/C

03/13/2018 ENTRY FROM THE SUPREME COURT OF OHIO TO CERTIFY RECORD. (C1600403, C 1600410)

10/23/2017 ENTRY OF CONTINUANCE/ADVANCEMENT /16/TRD/949/C10/23/2017 ENTRY OF CONTINUANCE/ADVANCEMENT /16/TRD/949/B10/19/2017 ENT OF CONTINUANCE

09/22/2017 COPY OF NOTICE OF APPEAL TO THE SUPREME COURT OF OHIO FILED09/05/2017 S.C.# 2017-1292 (C 1600403, C 1600410) /16/TRD/949/C

09/22/2017 COPY OF NOTICE OF APPEAL TO THE SUPREME COURT OF OHIO FILED09/05/2017 S.C.# 2017-1292 (C 1600403, C 1600410)

09/20/2017 MOTION ENTRY APPOINTING COUNSEL NUNC PRO TUNC

08/29/2017 SENT TO COLLECTION AGENCY ACCOUNT NUMBER 16TRD949B,REGARDING 110164786, CLERK AMOUNT 41.00 /16/TRD/949/B

08/14/2017 NOTICE OF APPEAL FILED C1700440 /16/TRD/949/C08/09/2017 UNDER APPEAL /16/TRD/949/C06/14/2017 JUDGMENT ENTRY OF DISMISSAL (C 1600403, C 1600410) /16/TRD/949/C06/14/2017 JUDGMENT ENTRY OF DISMISSAL (C 1600403, C 1600410) 06/14/2017 ENTRY DISMISSING APPEAL /16/TRD/949/C06/14/2017 ENTRY DISMISSING APPEAL /16/TRD/949/B06/06/2016 BLOCK SENT TO BMV - FEE OWED /16/TRD/949/B04/30/2016 REFER TO COLLECTIONS /16/TRD/949/B04/22/2016 POINTS SENT TO BMV: 0 /16/TRD/949/A04/22/2016 POINTS SENT TO BMV: 2 /16/TRD/949/B04/19/2016 NOTICE OF APPEAL FILED C1600410 /16/TRD/949/C04/14/2016 NOTICE OF APPEAL FILED C1600403 /16/TRD/949/B04/14/2016 UNDER APPEAL /16/TRD/949/B04/14/2016 UNDER APPEAL /16/TRD/949/C03/30/2016 FRA/NON COMPLIANCE /16/TRD/949/C03/30/2016 CONVICTED BY COURT /16/TRD/949/C

03/30/2016

SENTENCED COUNT C: STOPPING AFTER ACCIDENT ON PUBLIC ROADS ORHIGHWAYS CONFINEMENT: 180 DAYS, SUSPENDED 180 DAYS COMMUNITYCONTROL: 1 YRS PAY THRU PROBATION DRIVER'S LICENSE SUSPENSION: 6MOS NO DRIVING AT ALL COST: $110 FINES: $50 /16/TRD/949/C

03/30/2016 FRA/NON COMPLIANCE /16/TRD/949/B03/30/2016 CONVICTED BY COURT /16/TRD/949/B

03/30/2016 SENTENCED COUNT B: REASONABLE CONTROL LOCAL COSTS: $29SUBPOENAS ISSUED FEE: $12 /16/TRD/949/B

03/30/2016 SENTENCED COUNT A: DRIVING UNDER FRA SUSPENSION COST: $110,REMIT: $110 SUBPOENAS ISSUED FEE: $12, REMIT: $12 /16/TRD/949/A

03/16/2016 FINDING OF GUILTY /16/TRD/949/A03/16/2016 CONVICTED BY PLEA /16/TRD/949/A

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7/16/2018 https://courtclerk.org/data/case_summary.php

https://courtclerk.org/data/case_summary.php 3/3

Date Description Amount

03/11/2016 SUBPOENA RETURN, WITNESS SERVED AT USUAL PLACE OFRESIDENCE/EMPLOYMENT CHRIS RIEDE

03/03/2016 SUBPOENA RETURN, WITNESS SERVED AT USUAL PLACE OFRESIDENCE/EMPLOYMENT JULIAN VEGA

03/03/2016 SUBPOENA ISSUED TO CHRIS RIEDE 03/03/2016 SUBPOENA ISSUED TO JULIAN VEGA

02/16/2016 STATE'S RESPONSE TO DEFENDANT'S DEMAND FOR DISCOVERY & STATE'SDEMAND FOR DISCOVERY

02/01/2016 DEMAND FOR DISCOVERY 02/01/2016 MOTION TO SUPPRESS 01/07/2016 TIME WAIVED FROM 01/07/2016 TO 02/05/2016 01/07/2016 JUDGE ASSIGNED CASE ROLLED TO KISSINGER/CURT PRIMARY 01/01/2016 WHEN OCCURED DATE/TIME 01/01/2016 CITE DATE/TIME 01/01/2016 TICKET FILED.

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7/16/2018 WELCOME PAGE

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********************************************************************** ***ATTENTION***

EFFECTIVE JULY 1, 2018: All cases that are 30 days

delinquent of their due/stay date will be referred to

CAPITAL RECOVERY SYSTEMS, INC. A 30% Collection Fee will be added

to the balance of each case. Any questions, please inquire.

**********************************************************************

Maumee Municipal Court 400 Conant Street, Maumee, Ohio 43537-3397

Phone: 419-897-7136 Fax: 419-897-7129 Email: court@maumee.org

Judge Daniel G. Hazard

January 1, 2018 - present

The Maumee Municipal Court is located in the City of Maumee and was established on January 1,1964. The Court serves the City of Maumee, City of Waterville, Village of Whitehouse, WatervilleTownship, and that portion of the Village of Swanton that is in Lucas County. The Court also servesthe following agencies that lie south of the Ohio Turnpike in Lucas County; Lucas County Sheriff’sOffice; Toledo-Lucas County Metroparks, Toledo-Lucas County Port Authority, Department of LiquorControl and the Ohio Department of Natural Resources.

The Court is a single Judge court. The staff consists of a Clerk, and seven Deputy Clerks. One of theseven deputy clerks acts as the Judge’s Secretary/Assignment Commissioner. Our Probation Divisionhas three full-time Supervision Officers, and one part-time Supervision Officer. The Court employs aChief Bailiff and three Deputy Bailiffs. Our staff has many years of experience. You will find that thestaff is very efficient and knowledgeable.

Our staff is willing to serve you efficiently andquickly. If you have any questions about theMaumee Municipal Court, you may contact us at (419) 897-7136.

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