State ex rel. Dayton Law Library Ass'n v. White

853 N.E.2d 651, 110 Ohio St. 3d 335
CourtOhio Supreme Court
DecidedSeptember 20, 2006
DocketNo. 2006-0042
StatusPublished
Cited by3 cases

This text of 853 N.E.2d 651 (State ex rel. Dayton Law Library Ass'n v. White) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Dayton Law Library Ass'n v. White, 853 N.E.2d 651, 110 Ohio St. 3d 335 (Ohio 2006).

Opinion

Per Curiam.

{¶ 1} This is an appeal from a judgment granting a writ of mandamus to compel a municipal court clerk to pay to a county those fine moneys that had been withheld as an offset against unpaid costs incurred in connection with unsuccessful state-law prosecutions.

{¶ 2} In 1977, upon a request by the Montgomery County Prosecuting Attorney for an opinion regarding costs for certain state prosecutions in Kettering Municipal Court, the Ohio Attorney General issued Opinion No. 77-088, in which he concluded:

{¶ 3} “In an unsuccessful criminal prosecution, brought in a municipal court for an alleged violation of state law, fees for witnesses and jurors, and other court costs, are to be paid by the county.” 1977 Ohio Atty.Gen.Ops. No. 77-088, syllabus.

{¶ 4} Since the issuance of that opinion, the Clerk of the Kettering Municipal Court has been billing Montgomery County for all court costs related to unsuccessful state-law prosecutions in municipal court. The Kettering Municipal Court is the only court that charges Montgomery County for court costs related to unsuccessful state-law prosecutions. The clerk also remitted to the county all fines collected for the successful prosecution of state-law violations.

{¶ 5} In 2001, Kettering Municipal Court Clerk Gerald Busch stopped remitting to the county the court costs for successful state-law prosecutions, but continued to bill the county for court costs incurred in unsuccessful state-law prosecutions. In November 2001, Montgomery County notified the clerk that it would not be paying bills related to court costs for these unsuccessful Kettering Municipal Court criminal cases. In response, in February 2002, the clerk notified the county that he would be subtracting the amounts due for court costs regarding unsuccessful prosecutions from the state-law fine money. The clerk based his action on 1977 Ohio Atty.Gen.Ops. No. 77-088.

{¶ 6} In state-law cases prosecuted in Kettering Municipal Court, the clerk charged $45 in court costs for each charge dismissed and for each charge upon which the defendant was acquitted. The $45 in court costs was apportioned as follows: $32 for the complaint, $3 for the court-computerization fund, $5 for the clerk-computerization fund, and $5 for the special-projects fund. The clerk later increased court costs to $51 for these unsuccessful state-law prosecutions.

[337]*337{¶ 7} In 2002, the Montgomery County Board of Commissioners requested that • the county prosecutor seek an opinion from the Attorney General concerning this issue. In 2003, the Attorney General concluded:

{¶ 8} “1. When a criminal prosecution brought in a municipal court for an alleged violation of state law results in the dismissal or acquittal of the defendant, the county pays the court costs.

{¶ 9} “2. A county must pay any cost or fee assessed against it by a municipal court in a criminal prosecution for an alleged violation of state law, provided the court is statutorily authorized to assess the cost or fee against the county.” (Emphasis added and citations omitted.) 2003 Ohio Atty.Gen.Ops. No. 2003-016, syllabus.

{¶ 10} After the issuance of this opinion, the county and the city conducted various meetings, but the clerk refused to stop making deductions for the specified costs from money owed by the municipal court to the county. From April 2001 through March 2005, the Kettering Municipal Court Clerk deducted $478,954.21 for court costs incurred in unsuccessful state-law prosecutions in municipal court from amounts the court owed to the county. $7,039.35 of these deductions represented costs for witness and bailiff fees.

{¶ 11} Under R.C. 3375.53, a percentage of fines and penalties for violations of liquor-control and state traffic laws collected by each court in the county must be paid to the board of trustees of the county law library association. The Dayton Law Library Association began receiving an amount less than the sum to which it was statutorily entitled because of the Kettering Municipal Court Clerk’s deductions in the clerk’s payments to Montgomery County.

{¶ 12} On September 24, 2003, appellee Dayton Law Library Association filed a complaint for a writ of mandamus (1) to compel Kettering Municipal Court Clerk Busch to remit to the association or to the Montgomery County Treasury for the benefit of the association any sums owed to the association that had been withheld by the clerk since May 2003 and (2) to cease and desist from deducting money from state-law fines to satisfy unpaid bills sent by the clerk to the county and to remit the money from the fines to the county treasury without deduction.

{¶ 13} Appellant, Kettering Municipal Court Clerk Andrea J. White, who succeeded Busch, filed a cross-claim against appellees Montgomery County Board of Commissioners and the Montgomery County Treasurer. The clerk requested a writ of mandamus to compel the county to (1) “pay Kettering all court costs in ‘unsuccessful’ state law criminal cases that are prosecuted on behalf of the County in the Kettering Municipal Court,” (2) “account for or give credit to Kettering for the payments that Kettering has made to the County by discharging indebtedness that the County owes to Kettering for court costs in ‘unsuccessful’ state law criminal cases that are prosecuted on behalf of the County in the [338]*338Kettering Municipal Court,” and (3) “base the calculation of the amounts that it must pay to the Law Library pursuant to R.C. 3375.53 upon all of the payments that Kettering has made to the County pursuant to [various statutes], including both: (1) the payments that Kettering has made to the County by discharging indebtedness that the County owes to Kettering for court costs in ‘unsuccessful’ state law criminal cases that are prosecuted on behalf of the County in the Kettering Municipal Court, and (2) the payments that Kettering has made to the County by other methods.” (Emphasis sic.)

{¶ 14} The Montgomery County respondents filed a cross-claim for a writ of mandamus to compel the clerk to pay them “the court costs for the alleged ‘unsuccessful’ state law prosecutions that the Clerk has deducted, since February of 2002, from state law violation fine money owed to the County Respondents and the Relator, the Dayton Law Library Association.” They also requested a writ of prohibition to prevent the clerk from continuing the contested practice.

{¶ 15} On August 15, 2005, the court of appeals granted the requests by the Dayton Law Library Association and the Montgomery County respondents for a writ of mandamus directing the Kettering Municipal Court Clerk to pay Montgomery County the fine money that had been withheld as an offset against unpaid costs incurred in connection with unsuccessful state-law prosecutions. State ex rel. Dayton Law Library Assn. v. White, 163 Ohio App.3d 118, 2005-Ohio-4520, 836 N.E.2d 1232, ¶ 31. Other issues, however, remained pending. Id. at ¶ 32.

{¶ 16} On November 7, 2005, the court of appeals determined that $471,914.86 was the clerk’s fine-money obligation to Montgomery County.

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2012 Ohio 3831 (Ohio Court of Appeals, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
853 N.E.2d 651, 110 Ohio St. 3d 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dayton-law-library-assn-v-white-ohio-2006.