State of Ohio v. Chaz Bunch, Case No. 2021-0579

This Brief of Amici Curiae, in support of Appellant, Chaz Bunch, argues that Ohio’s mandatory bindover laws should be eliminated, preventing a child from being transferred to adult court without a finding that they are not amenable to treatment in juvenile court. Ohio’s mandatory bindover provision requires youth who are 16 and 17 years old who have been charged with specific crimes to be transferred to adult court. Amici curiae argue specifically that: (1) a mandatory bindover scheme that provides no opportunity for individualized consideration contravenes United States Supreme Court jurisprudence; (2) Ohio’s mandatory bindover scheme violates Due Process; (3) statutory mechanisms intended to reduce overreliance on mandatory bindover have not been successful; and (4) Black youth are disproportionately boundover, which exacerbates racial disparities within the justice system. Given the substantial evidence pointing to the harmful nature of mandatory bindover and the wide spread support for allowing juvenile court judges to decide whether a youth should be boundover on a case-by-case basis, the amici curiae request that the Supreme Court of Ohio recognize the mandatory bindover law as unconstitutional.

Brief of Amici Curiae in Support of Appellant