Cleveland Law Library Weblog

Supreme Court Holds Court Appointed Attorney Need Not File Nonassistance to Terrorists Form

In State ex rel. Triplett v. Ross, , 2006-Ohio-4705, the Ohio Supreme Court held that an attorney who does not make more than $100,000 per year from court appointments does not fall under the Ohio Patriot act's definition of persons subject to the terrorism requirement.  Thus, such an attorney does not have to file a declaration of non-assistance to terrorist form.   See our prior post:  Declaration of Non-Assistance to Terrorists Forms Challenged in Court.

Declaration of Non-Assistance to Terrorists Forms Challenged in Court

The ACLU filed an action in prohibition in the Ohio Supreme Court on behalf of attorney Marc Triplett, who refused to sign the declaration of non-assistance to terrorists form.  The attorney was asked to sign the form when appointed as a public defender by the Bellefontaine Municipal Court.  See State of Ohio ex rel. Marc Triplett, Ohio Supreme Court Case No. 2006-0742 on the Ohio Supreme Court Docket.  ACLU Backs Attorney Fighting State Patriot Act by T.C. Brown,  The Plain Dealer, July 11, 2006.  Also see our prior post: Forms Available for Declaration of Non-Assistance to Terrorists.

Forms Available for Declaration of Non-Assistance to Terrorists

Effective April 14, 2006, applicants for state issued licenses, public employment or public contracts must fill out a form indicating the applicant has not supported a terrorist organization.  To see DMA (Declaration Regarding Material Assistance or Non-Assistance to a Terrorist Organization) forms and instructions, go to: DMA Forms.  The forms are required by recently enacted S.B. 9, the Ohio Anti-Terrorism law.  Source:  Ohio Homeland Security Release: New Terrorism Related Forms April 10, 2006.