State ex rel. Fisher v. Burkhardt
Opinion
The main issue in this case is whether a village mayor is protected by judicial immunity against liability for ordering the mayor’s court not to collect court costs imposed by R.C. 2743.70 and 2949.-091(B) in cases involving bond forfeitures. For the following reasons, we conclude that the order was made within appellee Burkhardt’s judicial capacity as the mayor’s court judge, and, thus, the doctrine of judicial immunity applies.
It is a well-settled rule in Ohio that where a judge possesses jurisdiction over a controversy, he is not civilly liable for actions taken in his judicial capacity. Kelly v. Whiting (1985), 17 Ohio St.3d 91, 17 OBR 213, 477 N.E.2d 1123; Wilson v. Neu (1984), 12 Ohio St.3d 102, 12 OBR 147, 465 N.E.2d 854; Voll v. Steele (1943), 141 Ohio St. 293, 25 O.O. 424, 47 N.E.2d 991. The Supreme Court of the United States in Stump v. Sparkman (1978), 435 U.S. 349, 362, 98 S.Ct. 1099, 1107, 55 L.Ed.2d 331, 342, held that the factors determining whether an act by a judge is judicial relate to the nature of the act itself (whether it is a function normally performed by a judge), and the expectation of the parties (whether they dealt with the judge in his judicial capácity).
In the present case, appellee Burkhardt was a judge while serving in his capacity as mayor’s court judge. Voll, supra; see, also, Traf.R. 2. One of a judge’s functions is to interpret the law in matters over which the judge has jurisdiction. Appellee had jurisdiction as the mayor’s court judge to hear [192]*192cases in which bonds were forfeited. R.C. 1905.01. Additionally, appellee had the right and duty as the mayor’s court judge to establish a schedule of fines and costs for traffic offenses pursuant to R.C. 2935.26(E) and Traf.R. 13(C).
While we find that the court does have a mandatory duty to collect and transmit court costs to the state in bond forfeiture cases pursuant to R.C. 2743.70(B) and 2949.091(B),1 appellee cannot be held civilly liable for his interpretation to the contrary, since appellee was acting in his capacity as a judge who had the duty to interpret the statutes and establish court cost schedules in traffic offenses which would come to his court. A judge who has the requisite jurisdiction over a controversy is immune from liability even though his acts are voidable as taken in excess of jurisdiction. Wilson v. Neu, supra, 12 Ohio St.3d at 104, 12 OBR at 149, 465 N.E.2d at 856.
Accordingly, we conclude that the mayor’s order not to collect court costs in bond forfeiture cases before the mayor’s court was an order made within his judicial capacity, and, thus, under the doctrine of judicial immunity, appellees cannot be held civilly liable.
Judgment affirmed.
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610 N.E.2d 999 (State ex rel. Fisher v. Burkhardt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.