State v. Nicholas
2021 Ohio 1669
Ohio Ct. App.2021Background
- Donovan Asher Nicholas was convicted of aggravated murder; the appellate court reviewed several issues, including a $9,819 appointed-counsel fee item appearing in the trial court’s cost bill.
- This court previously held the trial court erred in including appointed counsel fees in the cost bill and directed the trial court to order the clerk to remove the attorney-fee amount from the cost bill.
- The county clerk added a separate “counsel fees” line in the CourtView Financial Case Summary but left a $9,819 line item for “appointed counsel fees and expenses” on the itemized cost bill.
- The trial court concluded the clerk’s segregation made the appellate court’s remand moot; it filed a journal entry asserting counsel fees and court costs were clearly separated.
- The appellate court found the remand was not moot, held that appointed counsel fees must be removed from the cost bill because they are a separate civil assessment (not part of the criminal sentence), and remanded for the trial court to direct the clerk to remove the attorney fees.
- The court noted practical harm: the Department of Rehabilitation and Correction was still garnishing inmate funds based on the inflated cost bill balance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate remand to remove appointed-counsel fees from the criminal cost bill was moot | Clerk and trial court: fees were effectively separated on the docket/Financial Case Summary, so remand is moot | Nicholas: appointed-counsel fees remain listed in the itemized cost bill and must be removed because they are not part of the sentence | Reversed trial court; remand not moot; trial court must direct clerk to remove counsel fees from the cost bill; fees must be pursued via civil collection |
Key Cases Cited
- State v. Nicholas, 155 N.E.3d 304 (2d Dist. 2020) (appellate decision directing removal of appointed counsel fees from the cost bill)
- State v. Riley, 141 N.E.3d 531 (11th Dist. 2019) (appointed-counsel fees are a civil assessment and collection requires civil collection process)
- State v. Springs, 53 N.E.3d 804 (2d Dist. 2015) (county must use civil collection proceedings to enforce reimbursement of appointed-counsel fees)