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“Here, there is simply no textual basis to support requiring a trial court to make explicit findings on the record regarding the defendant’s ability to pay before assessing court-appointed-counsel fees.”
Justice Fischer, lead opinion
“Nothing in the Revised Code explicitly grants trial courts the authority to assess appointed-counsel fees as part of a criminal case.”…
“Here, there is simply no textual basis to support requiring a trial court to make explicit findings on the record regarding the defendant’s ability to pay before assessing court-appointed-counsel fees.”
Justice Fischer, lead opinion
“Nothing in the Revised Code explicitly grants trial courts the authority to assess appointed-counsel fees as part of a criminal case.”…
Update: On December 22, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Update: On May 26, 2020, the Court issued this order requesting supplemental briefing in this case:
Sua sponte, parties ordered to file supplemental briefs addressing the following issues: (1) whether R.C. 2941.51(D) authorizes…
Update: Read about the disposition of this case here
“So are you suggesting that we should interpret the statute to indicate that the trial court must always hold a hearing on the ability to pay costs, or only if it’s requested or depends on the facts of the case?”
Justice DeGenaro, to counsel for the…
