On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to
civil contempt
Merit Decision: Due Process Does not Require the State to Provide Appointed Counsel to an Indigent Non-Paying Parent at a Civil Contempt Purge Hearing. Liming v. Damos.
By Marianna Bettman on
On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to…
Due Process Rights at a Civil Contempt Hearing
By Marianna Bettman on
Posted in Constitutional Law, Ohio Supreme Court Watch
In my July 13 post I discussed the U.S. Supreme Court decision in Turner v. Rogers , in which the high court discussed the procedural safeguards necessary to meet due process in a civil contempt hearing in which a non-paying parent could be sent to jail. While a court-appointed lawyer was not required in the…
Should A “Deadbeat Dad” get a Court-Appointed Lawyer Before Being Jailed for Non-Support
By Marianna Bettman on
Posted in Commentary, Constitutional Law
The Sixth Amendment to the U.S. Constitution provides that in a criminal trial the accused has the right to the assistance of a lawyer. And we all know from listening to the Miranda warnings on TV cop shows that if the accused can’t afford a lawyer, one will be appointed for that person at state…