The Supreme Court of Ohio has removed Stow Municipal Court Judge Kim Hoover from office and suspended him from practicing law for 18 months, with six months stayed. This decision comes after it was found that Judge Hoover used illegal tactics to collect fines and fees.
The court's ruling was based on 16 criminal cases overseen by Judge Hoover, in which he committed 48 violations of the Code of Judicial Conduct and 16 violations of the Rules of Professional Conduct. The court determined that Judge Hoover wrongfully jailed two men for failing to pay fines and court costs, while 14 other defendants were coerced into paying under unlawful threats of incarceration.
Justice Patrick F. Fischer, writing for the court, emphasized that jailing someone for failing to pay a fine must follow specific state laws. He noted that the Ohio Constitution prohibits jailing individuals for failing to pay court costs. Justice Fischer stated, “Hoover’s decision to disregard the Ohio Constitution, statutes enacted by the General Assembly, and this court’s thorough guidance in favor of his own preferences is unjustifiable.”
The opinion acknowledged that Judge Hoover aimed to reduce taxpayer funds used to support the municipal court by holding offenders accountable but concluded that his methods showed bias against those of lower socioeconomic status. Justice Fischer remarked, “Hoover leaned into the idea of a debtors’ prison, unlawfully incarcerating or threatening to incarcerate individuals for nonpayment of fines without due process.”
Judge Hoover's suspension includes a condition that he not commit further misconduct during the stayed period. His suspension from office is without pay and will last as long as his suspension from practicing law.
Chief Justice Sharon L. Kennedy and Justices Michael P. Donnelly, Melody Stewart, and Joseph T. Deters joined in the opinion. Justice R. Patrick DeWine concurred in judgment only, while Justice Jennifer Brunner did not participate in the case.
In May 2022, the Office of Disciplinary Counsel filed a complaint against Judge Hoover with the Board of Professional Conduct alleging rule violations across 16 cases. The board found all violations valid and recommended a two-year suspension from practicing law. Judge Hoover contested most charges but suggested a one-year suspension with six months stayed.
Justice Fischer explained that Ohio law requires specific procedures before jailing someone for unpaid fines: separating fines from court costs, providing notice and conducting an ability-to-pay hearing, advising offenders of their right to an attorney, and making a finding that non-payment is willful.
One notable case involved Matthew Cannon who was jailed by Judge Hoover due to clerical errors according to Hoover's defense; however, the Court disagreed with this explanation.
“Hoover fully admitted he does not follow R.C. 2947.14 because the statute does not work effectively for him,” stated the Court.
When determining sanctions for Judge Hoover, comparisons were made with past suspensions imposed on other judges who improperly threatened individuals over owed money. The Court highlighted similar actions taken by Gallia County Probate Judge William Medley in 2004.
In addition to his suspension, Judge Hoover must cover disciplinary proceeding costs.