In re D.L.M.
2025 Ohio 988
Ohio Ct. App.2025Background
- D.L.M., a juvenile, was adjudicated delinquent for obstructing official business in Montgomery County, Ohio.
- As part of his sentence, D.L.M. was ordered to pay a mandatory $9.00 court cost under R.C. 2743.70 (Marsy’s Law), despite being found indigent and having all other costs and fines waived.
- D.L.M. requested the court waive the $9.00 cost based on his indigency, arguing that R.C. 2151.54 allows waiver of even mandatory fines in such circumstances.
- The trial court declined to waive the $9.00, finding the cost to be strictly mandatory under R.C. 2743.70 and R.C. 2151.54.
- On appeal, D.L.M. argued the trial court misinterpreted the relevant statutes and failed to exercise its discretion in considering his indigency with respect to the mandatory cost.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discretion to waive mandatory $9 cost | R.C. 2151.54 allows waiver of all costs (including mandatory ones) if juvenile is indigent and all costs are otherwise waived | The $9 Marsy’s Law cost is mandatory and cannot be waived for indigency | Trial court had discretion to waive; failed to exercise it, so remanded |
| Court’s consideration of indigency | Court should evaluate indigency separate from ability to pay attorney | Appointment of counsel for indigency doesn’t mean cost must be waived | Court must assess indigency for costs, not just appointment of counsel |
| Standard of appellate review | Abuse of discretion applies as D.L.M. properly objected | N/A | Abuse of discretion standard applied |
| Application of related precedent | Supplemental authority (Dees) supports waiver if indigency shown | N/A | Court distinguishes Dees but agrees waiver possible if warranted |
Key Cases Cited
- State v. Swartz, 2020-Ohio-5037 (definition of indigency for counsel distinct from ability to pay costs)
- State v. Felder, 2006-Ohio-2330 (finding of indigency for counsel does not automatically waive court costs)
- State v. Thomas, 2021-Ohio-1746 (financial sanction determination separate from indigency status)
- AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (abuse of discretion standard explained)