AGO 1993-009.

• Case Date: April 19, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-009. April 19, 1993OPINION NO. 1993-009The Honorable Thomas E. Ferguson Auditor of State P.O. Box 1140 Columbus, Ohio 43266-0040Dear Auditor Ferguson: You have requested an opinion concerning the assessment of state mandated court costs. Your specific questions are as follows:

1. Are state costs under Sections 2743.70 and 2949.091, Revised Code, to be collected on cases heard in a Mayor's Court Waiver Violations Bureau?

2. Are blanket waivers of indigency, such as the ones ordered in the Mayor's Court and the Juvenile Court, permissible?

Assessment of State Mandated Court Costs R.C. 2743.70 and R.C. 2949.091 set forth provisions related to the imposition of state mandated court costs against nonindigent individuals. Pursuant to R.C. 2743.70(A),

(1) [t]he court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:

(a) Twenty dollars, if the offense is a felony;

(b) Six dollars, if the offense is a misdemeanor.

The court shall not waive the payment of the twenty or six dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender....

(2) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be an offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:

(a) Twenty dollars, if the act, if committed by an adult, would be a felony;

(b) Six dollars, if the act, if committed by an adult, would be a misdemeanor.

The twenty or six dollars court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case and that the payment of the twenty or six dollars court costs is waived.

Similarly, R.C. 2949.091(A) provides:

(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the sum of eleven dollars as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender.... The court shall not waive the payment of the additional eleven dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.

(2) The juvenile court, in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be an offense other than a traffic offense that is not a moving violation, shall impose the sum of eleven dollars as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender.... The eleven dollars court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the eleven dollars court costs is waived.

See also R.C. 2949.092 (a court shall not waive the payment of the mandatory court costs of R.C. 2743.70 and R.C. 2949.091 unless the court determines that the offender is indigent...