Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Ohio | State v. Ellis, 2d Dist., 2008 Ohio 2719. | If community service is in lieu of either fines or court costs, contempt may not be imposed for failure to perform | Accordingly, the trial court's judgment finding Ellis in criminal contempt for nonperformance of community service work to satisfy his fines and court costs is reversed. | Enforcement | |
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Ohio | Ohio State Bar Assn. v. Goldie, 894 N.E.2d 1226 (2008). | Failing to follow the dictates of R.C. 2947.14 and using contempt as a sanction to collect fines can result in disciplinary violations | #VALUE! | Enforcement | |
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Ohio | In re GMS Mgt. Co., Inc. v. Unpaid Court Costs, Fees and Delinquencies, 932 N.E.2d 405 (2010). | The court may not collect fines by refusing to accept filings. |
Plaintiff-appellant, GMS Management Company, Inc., appeals a decision of Judge David D'Apolito of Mahoning County Court No. 4, which found that GMS owes over $3,000 for court costs and ordered + See morethe clerk of that court to refuse to accept any new pleadings even if court costs are advanced until all prior delinquent costs and fees have been paid in full. We agree with appellant's argument that this decision was unconstitutionally entered without notice or an opportunity to be heard and is an unconstitutional denial of access to the courts. For the following reasons, the judgment of the trial court is reversed, and the case is remanded based upon constitutional violations.
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Ohio | State v. Short, 2nd Dist. Darke No. 2011 CA 16, 2012-Ohio-2546. | The court may not order the forfeiture of a driver's license as a means of collecting costs. |
We agree that the municipal court lacked authority to order the forfeiture of Short's license for his failure to pay court costs. Accordingly, the court's order of forfeiture of Short's driver's + See morelicense is vacated.
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Ohio | State v. Cruise, 185 Ohio App. 3d 230, 233 (2009) | The court may not use money forfeited by a defendant as a means of collecting costs. | The trial court erred as a matter of law in diverting money forfeited by the appellee to pay court costs and attorney fees. | Enforcement |