STATE EX REL. FISHER v. BURKHARDT

No. 92-340.

66 Ohio St.3d 189 (1993)

THE STATE EX REL. FISHER, ATTY. GEN., APPELLANT, v. BURKHARDT ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 5, 1993.


Attorney(s) appearing for the Case

Lee I. Fisher, Attorney General, and Jerry K. Kasai, Assistant Attorney General, for appellant.

Don S. McAuliffe, for appellees.


FRANCIS E. SWEENEY, SR., J.

The main issue in this case is whether a village mayor is protected by judicial immunity against liability for ordering the mayor's court not to collect court costs imposed by R.C. 2743.70 and 2949.091(B) in cases involving bond forfeitures. For the following reasons, we conclude that the order was made within appellee Burkhardt's judicial capacity as the mayor's court judge, and, thus, the doctrine of judicial immunity applies.

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