Strizak v. Strizak
2012 Ohio 2367
Ohio Ct. App.2012Background
- Angie Strizak and Mark Strizak obtained a dissolution on Jan 24, 2011, with Ang ie designated residential parent and Mark granted visitation.
- On Mar 24, 2011, Mark filed a show cause motion alleging Ang ie blocked visitation; the March 12 visitation occurrence is at issue.
- A show cause hearing was held; Ang ie appeared without counsel, Mark with counsel; Ang ie was found in contempt and fined and jailed for potential noncompliance and costs.
- The court ordered Ang ie to pay attorney fees ($400), court costs ($100), lost wages ($78.75), and gas ($65), and sentenced her to 10 days in jail if noncompliant or nonpayment within six months.
- Ang ie timely appealed (Apr 17, 2011). The appellee did not file a brief. The court noted App.R. 18(C) and proceeded on the merits.
- The court ultimately reversed the contempt finding and remanded for a new show cause hearing to determine indigency and appoint counsel if indigent; if not indigent, Ang ie may obtain private counsel; the second assignment of error was deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by denying court-appointed counsel. | Strizak, indigent, timely filed for appointment. | Civil domestic matter; counsel not routinely appointed. | Yes; court abused discretion; remand to appoint counsel if indigent. |
| Whether the sanctions were properly subject to purge/purging steps. | If indigent, counsel would aid purge; otherwise, future conduct could be regulated. | Not necessary to decide as issue moot. | Moot; reversed and remanded for indigency/appointment proceedings. |
Key Cases Cited
- Kuzniak v. Midkiff, 2006-Ohio-6133 (Ohio 2006) (due process requires counsel in contempt when jail is possible and indigent)
- Burton v. Hootman, 2007-Ohio-521 (Ohio 2007) (indigent contempt defendants entitled to appointed counsel)
- Evans v. Evans, 2003-Ohio-6073 (Ohio 2003) (due process in contempt; indigent entitled to counsel when jail possible)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio Supreme 1983) (due process; standard for abuse of discretion in family law matters)