2019 Ohio 4736
Ohio Ct. App.2019Background
- Joseph A. Sands was indicted in 2006 for racketeering, conspiracy to commit aggravated murder, and conspiracy to commit aggravated arson; convicted and sentenced to 20 years and ordered to pay court costs.
- Sands’ convictions were affirmed on direct appeal; a later appeal corrected an error in post-release control.
- In March 2017 the Lake County Clerk sent a certified copy of the judgment entry and a bill of costs to the Marion Correctional Institution (MCI), requesting application of Sands’ inmate account funds to satisfy court costs under R.C. 5120.133.
- Sands filed motions in 2019 asking the trial court to stop the clerk and MCI from collecting funds from his inmate account without a civil garnishment judgment and to waive costs due to indigency; the trial court denied relief.
- Sands appealed the May 8, 2019 denial (but did not properly designate or attach the May 29 entry resolving the garnishment-procedure claim); the Eleventh District affirmed the denial on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sands properly appealed the entry resolving his garnishment-procedure claim | State: appeal should be limited to the May 8 entry Sands attached | Sands: challenges to clerk/MCI collection should be reviewed despite attachment omission | Court: Sands failed to designate/attach the May 29 entry but, even on the merits, his claim lacks merit |
| Whether funds may be taken from an inmate account without separate civil garnishment proceedings | State: collection may proceed under R.C. 5120.133 using a certified court judgment ordering payment | Sands: R.C. 2715/2716 require garnishment proceedings and notice/hearing before funds are taken | Court: R.C. 5120.133 permits the DOC to apply inmate-account funds on receipt of a certified judgment entry ordering payment; separate civil garnishment is unnecessary and procedures afford due process |
Key Cases Cited
- State v. Threatt, 108 Ohio St.3d 277 (Ohio 2006) (holds the state may use civil collection methods and R.C. 5120.133 to collect monetary obligations from incarcerated defendants and that those defendants retain civil-collection defenses and protections)