State ex rel. DeWine v. Court of Claims of Ohio

2011 Ohio 5283, 130 Ohio St. 3d 244
CourtOhio Supreme Court
DecidedOctober 18, 2011
Docket2010-1837
StatusPublished
Cited by17 cases

This text of 2011 Ohio 5283 (State ex rel. DeWine v. Court of Claims of Ohio) 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. DeWine v. Court of Claims of Ohio, 2011 Ohio 5283, 130 Ohio St. 3d 244 (Ohio 2011).

Opinions

O’Donnell, J.

{¶ 1} The question we address in this appeal is whether the Court of Claims of Ohio has jurisdiction to entertain an appeal from a decision of the attorney general granting or denying an award of attorney fees for preparing an application for reparations on behalf of a claimant. In this case, the Court of Claims assumed jurisdiction over a decision of the attorney general awarding attorney fees. Subsequently, the attorney general obtained both a writ of mandamus directing the Court of Claims to vacate its decision and dismiss the appeal and a writ of prohibition ordering the Court of Claims to refrain from exercising jurisdiction over similar appeals from other attorney general decisions on attorney fees made pursuant to R.C. 2743.65.

{¶ 2} The Court of Claims now appeals as of right to this court, contending that it has jurisdiction over all matters related to appeals from decisions of the attorney general regarding awards of reparations, including awards or denials of attorney fees.

{¶ 3} The Court of Claims lacks jurisdiction to review decisions of the attorney general granting or denying payment of attorney fees in connection with an [245]*245award of reparations filed on behalf of a victim of a crime. Therefore, we affirm the judgment of the court of appeals.

Facts and Procedural History

{¶ 4} Attorney Jack Carney-DeBord submitted attorney-fee applications to the Ohio Attorney General requesting a total of $1,563.75 for representing Joseph Fletcher in connection with Fletcher’s application for crime-victim reparations. Pursuant to the provisions of R.C. 2743.65(A)(2), the attorney general made a maximum final award of $1,020 to Carney-DeBord.

{¶ 5} After the attorney general denied a request for reconsideration, CarneyDeBord appealed the award of attorney fees to the Court of Claims. The attorney general moved to dismiss that appeal, asserting that the court lacked jurisdiction to act, but a Court of Claims panel of commissioners denied that motion and affirmed the $1,020 attorney fee awarded by the attorney general. In re Fletcher (Feb. 9, 2009), Ct.Cl. No. V2006-20836. The attorney general then appealed the denial of the motion to dismiss for lack of jurisdiction, and on review of that appeal, a judge of the Court of Claims affirmed the decision of the panel, concluding that pursuant to R.C. 2743.53(A) and 2743.55(A), the Court of Claims had jurisdiction to hear an appeal from the attorney general’s award of attorney fees. In re Fletcher (July 2,2009), Ct.Cl. No. V2006-20836.

{¶ 6} The attorney general then sought both a writ of mandamus to compel the Court of Claims to vacate its decision and dismiss the appeal for lack of jurisdiction and a writ of prohibition to prevent the Court of Claims from reviewing similar appeals from other decisions of the attorney general granting or denying requests for attorney fees filed pursuant to R.C. 2743.65.

{¶ 7} The Tenth District Court of Appeals issued the requested writs, holding that the Victims of Crime Act provides no authority for the Court of Claims to review a decision of the attorney general granting or denying payment of attorney fees for preparing a claim for crime-victim reparations and explaining that the attorney general’s decision in this regard is final pursuant to R.C. 2743.65.

{¶ 8} The Court of Claims now appeals to this court as of right, contending that R.C. 2743.53(A), part of the Victims of Crime Act, vests it with appellate jurisdiction over all matters related to appeals from decisions of the attorney general’s award of reparations, including decisions granting or denying payment of attorney fees. The court also maintains that the General Assembly did not expressly state that the attorney general’s decision on attorney fees is final and not appealable, and it further asserts that because the fees are paid from the reparations fund, they are a form of reparations. Thus, the Court of Claims believes it has jurisdiction to consider an appeal from a decision of the attorney [246]*246general granting or denying payment of attorney fees for preparing an application for reparations on behalf of a claimant.

{¶ 9} In response, the attorney general argues that because the Court of Claims is a statutorily created court, it may exercise only the jurisdiction specifically conferred upon it by the General Assembly, and therefore, its appellate jurisdiction may not be implied but must be expressly provided by statute. According to the attorney general, the statute authorizing the payment of fees to an attorney for assisting a claimant in applying for reparations does not also authorize a right to appeal an award of those fees to the Court of Claims. The attorney general further maintains that Carney-DeBord cannot be considered a claimant appealing an award of reparations, because the statutes expressly distinguish between the claimant and the attorney representing the claimant and because the fees charged by an attorney for preparing a claim are excluded by statute from an award of reparations. For these reasons, the attorney general contends that the Court of Claims patently and unambiguously lacked jurisdiction to hear the appeal in this case and that the court of appeals properly granted the writs in this case.

{¶ 10} Accordingly, we are called upon to decide whether the Court of Claims has jurisdiction to hear appeals from the attorney general’s decisions granting or denying payment of fees to attorneys for seeking awards of reparations on behalf of victims of crime.

Law and Analysis

{¶ 11} The Victims of Crime Act establishes a reparations fund in the state treasury to compensate persons for economic loss resulting from criminally injurious conduct. See R.C. 2743.191. Further, R.C. 2743.52(A) directs the attorney general to “make awards of reparations for economic loss arising from criminally injurious conduct, if satisfied by a preponderance of the evidence that the requirements for an award of reparations have been met.”

{¶ 12} The act authorizes an appeal from decisions of the attorney general in connection with awards of reparations, providing in R.C. 2743.52(B), “A court of claims panel of commissioners or a judge of the court of claims has appellate jurisdiction to order awards of reparations for economic loss arising from criminally injurious conduct * * *.”

{¶ 13} Specifically, R.C. 2743.61(B) provides that “[a] claimant may appeal an award of reparations, the amount of an award of reparations, or the denial of a claim for an award of reparations that is made by a final decision of the attorney general after any reconsideration.” (Emphasis added.) No other provision of the act, however, establishes a right to appeal from a decision of the attorney general.

[247]*247{¶ 14} The questions presented in this case, therefore, are who may qualify as a claimant as that term is used in R.C. 2743.61(B) and what is the nature of the relationship between R.C. 2743.61 and R.C. 2743.65. In interpreting a statute, our duty is to ascertain the legislative intent as manifested in the words of the statute. Proctor v. Kardassilaris, 115 Ohio St.3d 71, 2007-Ohio-4838, 873 N.E.2d 872, ¶ 12.

{¶ 15} The General Assembly has defined the term “claimant” in R.C.

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State ex rel. DeWine v. Court of Claims of Ohio
2011 Ohio 5283 (Ohio Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2011 Ohio 5283, 130 Ohio St. 3d 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dewine-v-court-of-claims-of-ohio-ohio-2011.