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State Citation Question Brief answer Language from the opinion When does the case apply?
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Ohio City of Alliance v. Kelly, 548 N.E.2d 952 (Ohio Ct. App. 1988) Other applicable caselaw Contempt proceedings may not be used to incarcerate people for non-payment of fines. A person may only be sentenced pursuant to the procedural safeguards provided in Section 2947.14
The appellee in this action urges that we accept the trial court's characterization of these proceedings as contempt for failure to obey an order of the court pursuant to R.C.
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2705.02. However, appellee does not suggest precisely which order appellant was charged with disobeying. We find that the court should have recognized that this case invoked the *134 procedures required under R.C. 2947.14 for committing an offender to jail for failure to pay a fine. This statute and its predecessor1were designed by the legislature to provide a method for collecting a fine from one who is unwilling to pay.
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Ohio Strattman v. Studt, 20 Ohio St. 2d 95, 95 (1969) Court costs and fees are civil, not criminal, obligations and may be collected only by the methods provided for the collection of civil judgments
The duty to pay court costs is a civil obligation arising from an implied contract. Obligations arising upon implied contracts and judgments *96 thereon are debts, within the purview of
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Section 15, Article I of the Ohio Constitution, which forbids imprisonment for debt in civil actions. (Paragraph one of the syllabus of Second National Bank of Sandusky v. Becker, 62 Ohio St. 289, 56 N.E. 1025, 51 L.R.A. 860, approved and followed.) Section 2947.20, Revised Code, insofar as it lodges authority in the judge or magistrate to order a defendant committed to jail or to a workhouse for failure to pay court costs, is violative of Section 15, Article I of the Ohio Constitution, and is unconstitutional [. . .] An indigent person taxed with costs in a civil action is not jailed to work off this obligation. Section 15, Article I of the Ohio Constitution, expressly prohibits imprisonment for civil debt.6 In criminal cases, court costs, assessed *103 to defray the administrative costs of the litigation, are likewise subject to the same prohibition. The purpose of assessing costs in criminal and in civil cases is the same and there is no justification for imprisonment for nonpayment of costs in criminal cases but not in civil cases [. . .] By being involved in court proceedings, any litigant, by implied contract, becomes liable for the payment of court costs if taxed as a part of the court's judgment. A judgment for costs in a criminal case is a civil, not a criminal, obligation, and may be collected only by the methods provided for the collection of civil judgments. To hold otherwise would permit that which is constitutionally prohibited.
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Ohio Strongsville v. Waiwood ,577 N.E.2d 63 (Ohio 1989) A court may not order a person to appear orissue a warrant for unpaid court costs.
An arrest warrant issued after defendant failed to attend a hearing for failure to pay court costs was defective because failure to pay court costs is a civil liability not
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an obligation, such as a fine, that subjects a debtor to arrest.
Enforcement
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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
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the 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
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license 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
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Wisconsin Will v. State, 267 N.W.2d 357, 359 (Wis. S. Ct. 1978). Other applicable case law
“[T]he Court held that the equal protection clause restricts the state's power to collect a fine from a defendant without the means to pay. We have previously held that: “What
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these cases (Williams, Morris, and Tate ) teach is that one who has been convicted of a crime and fined is not to be imprisoned in satisfaction of the fine or in lieu thereof if he is unable to pay the fine.” State ex rel. Pedersen v. Blessinger, 56 Wis.2d 286, 289, 201 N.W.2d 778, 780 (1972). Under the Williams, Morris, and Tate rationale, no equal protection violation occurs when an indigent offender is originally sentenced to confinement; for when he is originally sentenced to confinement, he is being punished for the crime. But once a sentencing judge has determined a fine to be the appropriate penalty, a defendant who is incarcerated merely because he is without the means to pay the fine is being incarcerated not for the crime but for his poverty, and such incarceration is illegal. On the other hand, when an indigent defender upon whom a fine has been imposed lacks the diligence to meet a reasonable payment schedule, his refusal to pay the fine results from contumacy and not indigence, and incarceration is permissible to punish the refusal to pay.” “But once the sentencing court determines that a fine is an appropriate sanction under the circumstances and that the defendant has the ability to pay it, an indigent offender should be accorded a fair method of paying his fine. Though in Pedersen this court declined to require the trial court to use the installment method when dealing with indigent offenders holding that a future date for total payment in lieu of payment in installments is acceptable, some commentators on sentencing have observed that in almost every case imprisonment can be avoided by allowing the indigent to pay his fine over time. We encourage trial courts to use the installment method, since a simple installment checkoff system at the trial court level would not be difficult to establish.” Id. at 360. “[W]e find no authority, either in the statutes or our cases, for the permanent suspension of a sentence. As long as the defendant is afforded a reasonable payment schedule and as long as he is not imprisoned for his inability to pay the fine, we find no constitutional bar to the state's attempting to collect a fine for an indeterminate period of time.” Id. at 361.
Enforcement