Athens County Municipal Court Judge William Grim ruled that an Ohio University student, Kelly Kasler, is not entitled to a public defender to represent her on criminal charges she is facing.
Kasler, 21, was arrested on Oct. 28, 2012 on charges of obstructing official business and resisting arrest, both of which are nonviolent misdemeanors. The court denied Kasler a public defender because of financial ineligibility, Grim said.
“This is not a close financial question,” he said.
One criterion that must be met to determine financial eligibility is household income. An income is compared to the federal poverty level at 187.5 percent, which means that the income of a four-person household considered at the poverty line would be $41,906, as stated in the court decision.
Kasler’s family earns $100,000 per year, which is more than double the poverty limit, thus resulting in Kasler being denied a public defender through the State Public Defenders Athens Branch.
Although Kasler was aware of OU’s prepaid legal service plan, she chose not to take advantage of it. OU is one of several state-supported colleges and universities that offer a prepaid legal services plan, which costs $12 per semester.
Kasler lists her parent’s address on her driver’s license, and gave her family’s residence address on the bond form. Her parents pay Kasler’s tuition, room and board, and monthly allowance, according to court documents.
The documents also show that she is listed as a dependent of her parents on tax returns and health insurance despite her living in an apartment with four roommates.
Because OU and Hocking College are nearby, Athens County has approximately 25,000 temporary residents; however, financial situations vary, according to the court decision.
The court file states that jail time is unlikely considering this is Kasler’s first offense, and that the private legal fee should be low. Total fines add up to $98, according to the court docket.
The docket also lists Kasler’s first court date which took place on Oct. 29, 2012. Kasler pleaded not guilty to either crime.
The pretrial is set to take place at Athens County Municipal Court on Jan. 28, 2013.
kf398711@ohiou.edu
