Butler v. Reinbold
2012 Ohio 351
Ohio Ct. App.2012Background
- Relator Jeffrey Butler, pro se, filed a petition for writ of mandamus in the Stark County Court of Appeals.
- Court dismissed the mandamus petition for failure to caption in the name of the state and for failure to state a claim.
- Respondents included Clerk Nancy Reinbold, Assistant Prosecutor Michael Bickis, and the Stark County Prosecuting Attorney.
- Relator sought to compel reversal of an order imposing court costs by Judge Charles Brown; no such order was issued against Butler.
- Clerk Reinbold notified Butler via an invoice reflecting potential collection of costs; the clerk is distinct from the trial judge who assesses costs.
- The court held relator failed to show a clear legal right or a clear legal duty on the part of respondents to rescind a judge-issued order, sustaining the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus lies when no state-caption and no clear duty | Butler | Reinbold/Bickis/Stark County Prosecutor | No mandamus relief; miscaptioned and no duty shown |
| Whether respondents had authority to rescind a judge's order | Butler | Reinbold/Bickis/Stark County Prosecutor | Respondents had no authority to rescind; relief denied |
| Whether a clerk may collect court costs for an indigent defendant | Butler | Reinbold/State | Clerk can attempt collection of assessed costs; no mandamus to rescind |
Key Cases Cited
- State ex rel. Peeples v. Anderson, 73 Ohio St.3d 559 (Ohio 1995) (sua sponte dismissal proper when frivolous, or claimant cannot prevail)
- State v. White, 103 Ohio St.3d 580 (Ohio 2004) (clerk may collect costs from indigent defendants; judge assesses costs)
- State, ex rel. Berger v. McMonagle, 6 Ohio St.3d 28 (Ohio 1983) (mandamus requires clear legal right and duty and no adequate remedy)