Crain v. Crain
2012 Ohio 6180
Ohio Ct. App.2012Background
- Marriage in 1995, one child; divorce in 2003 with Crain having custody; Protsman ordered to pay $162/month child support.
- In July 2011, CSEA filed contempt for nonpayment; hearing scheduled for Aug 2011; continuance granted with guidance on obtaining counsel.
- At Oct 2011 hearing, Protsman had not obtained counsel; magistrate announced no further court-appointed counsel in civil contempt and cited Turner v. Rogers.
- CSEA proved a $16,183.88 arrearage; Protsman testified she couldn’t afford payments, earned $200/month in food stamps, and had a medical condition that prevented work.
- Magistrate found Protsman in contempt and sentenced her to 30 days’ jail, suspended if arrearage paid; no objection filed; order adopted by trial court.
- Court reverses and remands for appointment of counsel or a determination of financial ability/waiver on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to counsel at civil contempt hearing | Protsman argues due process requires appointed counsel | State/Protsman? (Defendant) contends Turner allows no automatic appointment | Error: denial of counsel requires remand for appointment or waiver determination. |
Key Cases Cited
- Turner v. Rogers, 131 S. Ct. 2507 (U.S. 2011) (due process safeguards may substitute for counsel in civil contempt)
- Evans v. Evans, 2003-Ohio-6073 (10th Dist. Franklin) (counsel required in contempt concerning child support/visitation)
- Retz v. Retz, 62 Ohio App.2d 158 (2nd Dist. 1978) (private action distinction; supports need for safeguards)