State ex rel. Baerkircher v. Radcliffe

An original action seeking a writ of mandamus is an improper avenue to correct a trial court’s abuse of discretion in allowing fees and expenses to appointed counsel.

R.C. 2731.03 provides, in pertinent part:

“The writ of mandamus may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, but it cannot control judicial discretion.”

Relator urges that after the trial court “approved” the fees and expenses listed in the application, the trial judge was under a ministerial duty to order that the funds be paid to relator and that the judge could…