{\rtf1\ansi\ansicpg1252\cocoartf1348\cocoasubrtf170 {\fonttbl\f0\fswiss\fcharset0 Helvetica;} {\colortbl;\red255\green255\blue255;} \margl1440\margr1440\vieww10800\viewh8400\viewkind0 \pard\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040\tx5760\tx6480\tx7200\tx7920\tx8640\pardirnatural \f0\fs24 \cf0 Before:\
\

Ohio Indigency Calculator

\

This is a class project. You should not rely on it as a source of legal information. It is likely incomplete.

\

Answer the following questions to see if you qualify for appointment of counsel or a fee waiver.

\ \ \ \ \ Q(1): Hello! My name is CLAIRA, and I will be helping you understand whether you are eligible for a court-appointed lawyer or other fee waivers (also known as your indigent status). Before we start, please note that several pieces of financial information may be required during this process, including your gross weekly income, total living expenses, and total liquid assets. These terms will be defined for you as they are required, but you will want to have all your financial data handy in order to answer questions as they arise. Now let\'92s begin.GOTO:first\ \ Q(first): Are you involved in a civil or a criminal case?\ A: What is the difference between a civil and a criminal case?\ Q(2.1): In a criminal case, the Federal or State government is charging you with a crime. For a civil case, another private citizen is accusing you of wronging them in some way (or you are doing the accusing).GOTO:first\ A: Criminal\ Q(2.2):GOTO:second\ A: Civil\ Q(2.3): Thank you. For civil cases you will not be appointed a lawyer by the court, but you may be able to pay fewer or none of the fees usually required to file paperwork during the course of a legal proceeding. These fees can be required when asking the court to do something (e.g. filing a motion) or even to begin the process of filing a claim against another party.GOTO:pova\ \ Q(pova): To get these fees waived you will need to file a poverty affidavit. Would you like to do that now?\ A: Tell me more about this poverty affidavit.\ Q(3.1): A poverty affidavit is your sworn statement that your income is too low to afford paying the fees. In this affidavit you will need to list your income, assets, and some other personal information. There is no strict income cutoff above which your fees will not be waived; rather the court will use the information in the affidavit to decide whether you are able to pay. You will also need to get the affidavit notarized. After completing this form, simply give it to the clerk at the court where your case is being heard.GOTO:pova\ A: Yes, I'd like help filing out the affidavit.\ Q(3.2): Great. I will now ask you a series of questions to fully populate the form. However, if you don't know a particular piece of information right now, we'll just leave that field blank and you can fill it in after printing.GOTO:name\ A:[https://www.codingthelaw.org/Fall_2017/work/JeffGitsIt/p1/PovertyAffidavitTemplate.docx] Yes, but just give me the blank form. I can fill it out myself.\ Q(3.3):GOTO:signoff\ A: No thanks, not right now.\ Q(3.4):GOTO:signoff\ \ Q(name): What is your full name?\ X:\ Q(pd): Are you a plaintiff or a defendant in this case?\ A: Plaintiff\ Q(4.1.1):GOTO:court\ A: Defendant\ Q(4.1.2):GOTO:court\ A: What is the difference?\ Q(4.1.3): You are a plaintiff if you initiated this case against the other person(s) or organization(s). You are the defendant if this case was started by another person(s) or organization(s) accusing you of wrongdoing.GOTO:pd\ \ Q(court): What is the name of the court in which this case is being heard?\ A( ): I don't know\ Q(5.1):GOTO:country\ X:\ Q(country): In what Ohio county is this court located?\ A( ): I don't know\ Q(5.2.1):GOTO:casenum\ X:\ Q(casenum): What is the case number for this case?\ A( ): I don't know\ Q(5.2.2.1):GOTO:affin\ X:\ Q(5.2.2.2):GOTO:affin\ \ Q(affin): Are you employed?\ A: Yes\ Q(monthinc): How much do you make on a monthly basis?\ X:\ Q(work): What is the name of your employer?\ X:\ Q(6.1.1.1):GOTO:otherq\ A: No\ Q(otherq): Do you have any other sources of income?\ A: Yes\ Q(otherinc): How much do you make per month from this other source of income?\ X:\ Q(otherwork): Please describe the source of this income?\ X:\ Q(6.2.1.1.1):GOTO:depen\ A: No\ Q(6.2.2):GOTO:depen\ \ Q(depen): How many dependents do you have?\ A: Who qualifies as a dependent?\ Q(7.1): A dependent is anyone you have a legal duty to support, such as a spouse or child.GOTO:depen\ A( ): I don't know\ Q(7.2):GOTO:cash\ X:\ Q(cash): How much cash do you have, either on hand or deposited in a bank?\ A( ): I don't know\ Q(7.3.1):GOTO:dre\ X:\ Q(7.3.2):GOTO:dre\ Q(dre): Do you own any real estate?\ A: I don't know\ Q(8.1):GOTO:auto\ A: Yes\ Q(address): What is the address of this real estate?\ A( ): I don't know\ Q(8.2.1):GOTO:remkv\ X:\ Q(remkv): What is the approximate market value of this real estate?\ A( ): I don't know\ Q(8.2.2.1):GOTO:mort\ X:\ Q(mort): What is the approximate remaining mortgage obligation?\ A( ): I don't know\ Q(8.2.2.2.1):GOTO:auto\ X:\ Q(8.2.2.2.2):GOTO:auto\ A: No\ Q(auto): Do you have an automobile?\ A: Yes\ Q(make): What is the year and make of your automobile?\ A( ): I don't know\ Q(8.3.1.1):GOTO:automkv\ X:\ Q(automkv): What is the approximate market value of your automobile?\ A( ): I don't know\ Q(8.3.1.2.1):GOTO:balowe\ X:\ Q(balowe): What is the balance, if any, you owe towards a loan for this automobile?\ A( ): I don't know\ Q(8.3.1.2.2.1):GOTO:othera\ X:\ Q(8.3.1.2.2.2):GOTO:othera\ A: No\ Q(8.3.2):GOTO:othera\ Q(othera): Do you have any other assets?\ A: I don't know\ Q(9.1):GOTO:limaff\ A: Yes\ Q(describa): What are these assets?\ X:\ Q(othermkv): What is the approximate market value of these other assets?\ A( ): I don't know\ Q(9.2.1.1):GOTO:limaff\ X:\ Q(9.2.1.2):GOTO:limaff\ A: No\ Q(9.3):GOTO:limaff\ \ Q(limaff): Please note that this affidavit will only apply to this specific case. If you have any other cases pending before any other court, now or in the future, you will need another affidavit for that case(s). Also, while this affidavit can reduce or eliminate your filing fees, it does not waive all fees; you may still be liable for some costs throughout the course of your legal proceeding.GOTO:printoff\ Q(printoff): Are you ready to print your form?\ A[javascript:submit2('http://colarusso.pythonanywhere.com/','GET','','','','json_doc','_blank')]: Yes!\ Q(11.1):GOTO:signoff\ A:[https://www.codingthelaw.org/Fall_2017/work/JeffGitsIt/p1/PovertyAffidavitTemplate.docx] On second thought, please just give me the blank template and I'll fill it out later.\ Q(11.2):GOTO:signoff\ \ \ Q(second): Thank you. Now, do any of the following apply to you?\ A: I am currently receiving poverty-based public assistance such as federal supplemental security income, Ohio works first, temporary assistance to needy families, Medicaid, aid to families with dependent children, supplemental nutrition assistance program, refugee cash assistance, refugee medical assistance, poverty-related veterans' benefits, or other poverty-based governmental assistance.\ Q(12.1):GOTO:que\ A: I am currently committed to a public mental health facility.\ Q(12.2):GOTO:que\ A: I am currently incarcerated in a state penitentiary.\ Q(12.3):GOTO:que\ A: I am now under the age of 18, or I am being charged with a misdemeanor and was under 18 when the alleged incident occurred.\ Q(12.4):GOTO:que\ A: I am now under the age of 21 and am being charged with a felony that occurred before I turned 18.\ Q(12.5):GOTO:que\ A: I am now under the age of 21 and before turning 18 I was designated by a court as a delinquent child, juvenile traffic offender, or unruly child.\ Q(12.6):GOTO:que\ A: None of the above apply to me.\ Q(12.7):GOTO:charge\ \ Q(charge): What is the most serious charge against you for this legal proceeding?\ A(1): The most serious charge against me is a misdemeanor.\ Q(13.1):GOTO:num\ A(2): The most serious charge against me is a felony of the fourth or fifth degree.\ Q(13.2):GOTO:num\ A(3): The most serious charge against me is a felony of the third degree.\ Q(13.3):GOTO:num\ A(4): The most serious charge against me is a felony of the first or second degree.\ Q(13.4):GOTO:num\ A(5): What are some examples for each class of Felony?\ Q(13.5): You will want to consult with a lawyer to be certain of the degree of your felony charge, but some examples of felonies include: fifth degree - compelling acceptance of objectionable materials, breaking and entering; fourth degree - unlawful sexual conduct with a minor, grand theft of a motor vehicle, vehicular assault; third degree - reckless homicide, robbery; second degree - illegally manufacturing or processing explosives, abduction; first degree - rape, voluntary manslaughter, kidnapping.GOTO:charge\ A(6): I am not sure.\ Q(13.6): I'm sorry but I need to know what you are charged with in order to complete this assessment. Do you have access to this information?\ A: Yes, I have found what I am being charged with.\ Q(13.6.1):GOTO:charge\ A: No, I will need to research my charge(s) or consult a lawyer to further clarify my indigent status.\ Q(13.6.2):GOTO:signoff\ \ Q(num): I will need to know your weekly income. Please type your gross weekly income to the nearest dollar without any commas, periods, or dollar signs.\ A: What is included in gross weekly income?\ Q(incdef): For our purposes here today, your gross income is defined as your wages and earnings from employment, unemployment compensation, workers compensation, child support, pension and social security compensation, disability compensation, and all other forms of compensation and governmental assistance. Note that I need only your income, not that of anyone else in your household (unless they have a legal duty to support you; then please include their income as well). For example, include your spouse's income, unless they are an opposing party in this litigation.GOTO:num\ X[javascript:if (getvar('num')>=0) \{goto('ppl')\} else \{goto('err')\}]:\ Q(ppl): Great! Including yourself, how many people are in your household?\ A(1)[javascript:if (getvar('num')*52<=22613) \{goto('liq')\} else \{goto('notque')\}]: Just myself\ A(2)[javascript:if (getvar('num')*52<=30450) \{goto('liq')\} else \{goto('notque')\}]: Myself plus one other individual.\ A(3)[javascript:if (getvar('num')*52<=38288) \{goto('liq')\} else \{goto('notque')\}]: Myself plus two other individuals.\ A(4)[javascript:if (getvar('num')*52<=46125) \{goto('liq')\} else \{goto('notque')\}]: Myself plus three other individuals.\ A(5)[javascript:if (getvar('num')*52<=53963) \{goto('liq')\} else \{goto('notque')\}]: Myself plus four other individuals.\ A(6)[javascript:if (getvar('num')*52<=61800) \{goto('liq')\} else \{goto('notque')\}]: Myself plus five other individuals.\ A(7)[javascript:if (getvar('num')*52<=69638) \{goto('liq')\} else \{goto('notque')\}]: Myself plus six other individuals.\ A(8)[javascript:if (getvar('num')*52<=77475) \{goto('liq')\} else \{goto('notque')\}]: Myself plus seven or more other individuals.\ \ Q(liq): I'll need to know the amount of your liquid assets. Please select from the following options:\ A: What qualifies as a liquid asset?\ Q(16.1): Liquid assets are financial instruments you can quickly access (otherwise known as "payable on demand"), including available cash in savings and checking accounts, commonly traded stocks and bonds, certificates of deposit, and any other readily available financial resources that could be used to hire a lawyer. However, please exclude any property necessary for you to maintain your current employment.GOTO:liq\ A: My liquid assets are $2,000 or less\ Q(16.2):GOTO:next\ A[javascript:if (getvar('charge')==1 \{goto('notque')\} else \{goto('next')\}]: My liquid assets are greater than $2,000 but less than or equal to $5,000\ A[javascript:if (getvar('charge')<=2 \{goto('notque')\} else \{goto('next')\}]: My liquid assets are greater than $5,000 but less than or equal to $6,000\ A[javascript:if (getvar('charge')<=3 \{goto('notque')\} else \{goto('next')\}]: My liquid assets are greater than $6,000 but less than or equal to $8,000\ A: My liquid assets are greater than $8,000\ Q(16.6):GOTO:notque\ \ Q(next): Great. Just a few more questions.GOTO:next2\ Q(next2): Now I need to know how much you spend on basic living expenses each year. Please type your basic annual living expenses to the nearest dollar without any commas, periods, or dollar signs.\ A: How are basic living expenses defined?\ Q(livdef): Basic living expenses include housing rent and/or mortgage payments, child support actually paid, child care, health insurance premiums, medical and dental expenses, costs of caring for an infirm family member or other dependents you have a duty to support, employment transportation costs, costs of fuel, food, telephone, utilities, taxes withheld, credit card and other loan payments, and other similar basic costs of living. Please also include any court-imposed obligations, such as expected court costs, fines, restitution, and recoupment; application, jail, supervision, electronic monitoring, and other fees; and other similar costs associated with this legal proceeding.GOTO:next2\ X[javascript:if (getvar('ppl')==1 && getvar('num')*52-getvar('next2')<=15075) \{goto('que2')\} else if (getvar('ppl')==2 && getvar('num')*52-getvar('next2')<=20300) \{goto('que2')\} else if (getvar('ppl')==3 && getvar('num')*52-getvar('next2')<=25525) \{goto('que2')\} else if (getvar('ppl')==4 && getvar('num')*52-getvar('next2')<=30750) \{goto('que2')\} else if (getvar('ppl')==5 && getvar('num')*52-getvar('next2')<=35975) \{goto('que2')\} else if (getvar('ppl')==6 && getvar('num')*52-getvar('next2')<=41200) \{goto('que2')\} else if (getvar('ppl')==7 && getvar('num')*52-getvar('next2')<=46425) \{goto('que2')\} else if (getvar('ppl')==8 && getvar('num')*52-getvar('next2')<=51650) \{goto('que2')\} else if (getvar('next2')>=0) \{goto('notque')\} else \{goto('err2')\}]:\ Q(que): It looks like you qualify for a court-appointed lawyer under Ohio Administrative Code 120-1-03! To secure your legal assistance, you will first need to fill out the required Financial Disclosure & Affidavit of Indigency Form. You can find this form below. Simply complete all relevant fields, print, and deliver the completed form to the clerk of the court where your case is being heard.\ A:[https://www.codingthelaw.org/Fall_2017/work/JeffGitsIt/p1/AffidavitofIndigency.pdf] Take me to the Financial Disclosure & Affidavit of Indigency Form.\ Q(19.1):GOTO:signoff\ A: No thanks, I\'92ll fill the form out later.\ Q:GOTO:signoff\ \ Q(que2): It looks like you qualify for a court-appointed lawyer under Ohio Administrative Code 120-1-03! However, since your net income (annual gross income minus basic living expenses) exceeds 125% of the federal poverty level, you may be required to repay some of the costs for services provided to you. o secure your legal assistance, you will first need to fill out the required Financial Disclosure & Affidavit of Indigency Form. You can find this form below. Simply complete all relevant fields, print, and deliver the completed form to the clerk of the court where your case is being heard.\ A:[https://www.codingthelaw.org/Fall_2017/work/JeffGitsIt/p1/AffidavitofIndigency.pdf] Take me to the Financial Disclosure & Affidavit of Indigency Form.\ Q(19.1):GOTO:signoff\ A: No thanks, I\'92ll fill the form out later.\ Q:GOTO:signoff\ \ Q(notque): Unfortunately, I have determined that you do not qualify for a court-appointed lawyer at this time per the rules of Ohio Administrative Code 120-1-03. However, a judge may still choose to appoint you counsel if the number, complexity, and seriousness of your charges warrant it or you have tried but are unable to employ qualified counsel, but only the judge can make that determination. Further, if new information becomes known or if your financial circumstances change such that you might qualify later as indigent, you could be eligible for counsel at that later date. Even if you do not qualify as indigent, you may still be eligible to receive assistance in order to pay for experts, transcripts, and other related legal expenses if you do not have sufficient funds to pay for them. Again, the judge will have to make this determination.GOTO:signoff\ \ Q(err): I'm sorry, your income was not recognized. Please be careful to enter a numerical value without commas, periods, or dollar signs.GOTO:num\ \ Q(err2): I'm sorry, the amount of your basic living expenses was not recognized. Please be careful to enter a numerical value without commas, periods, or dollar signs.GOTO:next2\ \ Q(signoff): Thank you for speaking with CLAIRA, the Computerized Legal Assistance Indigent Relief Assessment chatbot. If you still have questions about your indigent status, please feel free to contact the Ohio Public Defender Commission at either (800)686-1573 or (614)466-5394.GOTO:bye\ Q(bye): Thank you, and goodbye!\ }