Breaking Legal News & Current Law Headlines | Daily Legal Briefing
  • Home
  • Hot Topics
  • Breaking
  • Business
  • Big Law
  • Small Law
  • Law School
  • Legal Tech
No Result
View All Result
No Result
View All Result
Breaking Legal News & Current Law Headlines | Daily Legal Briefing
No Result
View All Result
Home Hot Topics

Judge is accused of wrongly using coercive detention to get misdemeanor defendants to pay fees, costs

Daily Legal Briefing by Daily Legal Briefing
December 9, 2021
in Hot Topics
0
Judge is accused of wrongly using coercive detention to get misdemeanor defendants to pay fees, costs
4
SHARES
32
VIEWS
Share on FacebookShare on Twitter


  1. Home
  2. Daily News
  3. Judge is accused of wrongly using coercive…

Judiciary

Judge is accused of wrongly using coercive detention to get misdemeanor defendants to pay fees, costs

By Debra Cassens Weiss

December 8, 2021, 4:08 pm CST

An Ohio municipal judge has been accused of ignoring state law by jailing unrepresented defendants for failure to pay fees and fines without holding a hearing to determine their ability to pay.

The Ohio Supreme Court’s Board of Professional Conduct filed an ethics complaint against Judge Kim Hoover of the Stow Municipal Court on Monday, report the Akron Beacon Journal and Cleveland.com.

The Dec. 6 complaint said the Ohio Supreme Court sent a “bench card” to municipal judges in 2014 that outlines the steps that they must take before imposing a jail sentence for willful failure to pay a fine. Judges must conduct an ability-to-pay hearing, advise the defendant of the right to counsel, and find that the defendant has the ability to pay but refuses to do so. Judges should give defendants reasonable notice of the hearing.

The bench card cites Ohio statute and caselaw as authority. But Hoover didn’t follow the requirements, the ethics complaint said.

Hoover “has frequently employed illegal and coercive tactics, such as imprisonment for several days or detention for several hours, to force unrepresented criminal defendants to pay their fines and costs,” the complaint said. “In doing so, [Hoover] has exhibited a bias against people who appear without counsel and cannot afford to pay their fines and costs.”

In the past, Hoover has stated that the Stow Municipal Court should be a self-funded operation, the complaint said.

Hoover released a statement to the Akron Beacon Journal.

“I am aware of the complaint filed,” he said. “I deny making defendants pay fines/costs is a violation of ethical standards. I will respond to the complaint in a timely manner and look forward to a complete hearing on the issues.”

The complaint detailed 12 matters in which Hoover allegedly detained or jailed misdemeanor defendants to get them to pay fines and costs. Some of the defendants were charged with driving on a suspended license. One was charged with stealing soft drinks from a convenience store.

The ethics complaint includes some of Hoover’s alleged banter with the defendants. His statements include:

• After a defendant protested that the jail time would “mess up” his employment, Hoover replied it probably would. “That’s the problem with screwin’ with me,” he said.

• After jailing a a defendant for a few days for failure to pay, Hoover asked him, “Have you learned your lesson about being a deadbeat?”

• Hoover told a defendant that he would have to make phone calls to pay his fine. “You’re gonna start calling Mom and Dad and Grandma and ask them for birthday presents early, OK?” he said.





Click to Read Original Article

Previous Post

Biglaw’s Hiring A Bunch Of New Law School Graduates

Next Post

Circle Up For This Bonus Announcement, It’s Magical

Daily Legal Briefing

Daily Legal Briefing

Related Posts

Judge imposes default judgment against former Littler Mendelson client for ‘subversive approach to discovery’
Hot Topics

5th Circuit tells lawyer it is ‘often advisable to read the court’s orders,’ upholds $1,250 sanction

by Daily Legal Briefing
April 12, 2022
Law firm’s managing partner had a ‘fixation’ with employee surveillance, wiretap suit says
Hot Topics

Law firm’s managing partner had a ‘fixation’ with employee surveillance, wiretap suit says

by Daily Legal Briefing
April 12, 2022
Law school applicants are down, for now, for the first time since 2018
Hot Topics

Following a boost in 2021, national average score for February 2022 MBE drops

by Daily Legal Briefing
April 12, 2022
Google violated its ‘don’t be evil’ code when it fired 3 outspoken employees abiding by mandate, suit says
Hot Topics

Google’s ‘privileged’ email labeling, said to prevent lawsuit disclosure, was ‘eyebrow raising,’ judge says

by Daily Legal Briefing
April 11, 2022
New law allows this state’s judges to personally solicit campaign donations; ethics opinion adds wrinkle
Hot Topics

New law allows this state’s judges to personally solicit campaign donations; ethics opinion adds wrinkle

by Daily Legal Briefing
April 11, 2022
Next Post
Circle Up For This Bonus Announcement, It’s Magical

Circle Up For This Bonus Announcement, It's Magical

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Premium Content

Yeah, The LSAT Still Gives You An Advantage In Law School Admissions

Yeah, The LSAT Still Gives You An Advantage In Law School Admissions

March 1, 2022
From Juris Doctor To ‘Joe Millionaire’ Contestant

From Juris Doctor To ‘Joe Millionaire’ Contestant

January 11, 2022
Smith Currie Named National Construction Law Firm of the Year

Smith Currie Named National Construction Law Firm of the Year

November 28, 2022

Browse by Category

  • Big Law
  • Breaking
  • Business
  • Hot Topics
  • Law School
  • Legal Tech
  • Small Law

About US

Breaking Legal News & Current Law Headlines | Daily Legal Briefing.
Online coverage of breaking legal news and current law headlines from around the US. Top stories, videos, insight, and in-depth analysis.

Categories

  • Big Law
  • Breaking
  • Business
  • Hot Topics
  • Law School
  • Legal Tech
  • Small Law

Recent Updates

  • Legal Career Growth: Why Continuous Engagement With Legal Recruiters Is Key
  • The Depressing Reality Of ‘Lawyer Math’
  • Clients Shouldn’t Automatically Fire Attorneys After A Bad Outcome

© 2021 Daily Legal Briefing | Breaking Legal News & Current Law Headlines

No Result
View All Result
  • Contact Us
  • Home

© 2021 Daily Legal Briefing | Breaking Legal News & Current Law Headlines

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?