Attorneys for the city of Toledo, Lucas County commissioners, the county sheriff’s office, and the Corrections Center of Northwest Ohio gave oral arguments on Wednesday in the high-stakes lawsuit that will determine who must pay jail costs for suspects arrested by Toledo police.

Judge Linton Lewis, Jr., a retired judge assigned to preside over the lawsuit, listened to arguments made by attorneys on summary judgment motions for nearly 2½ hours in Lucas County Common Pleas Court.

The lawsuit, filed by Toledo in December, asks Judge Lewis to hold Lucas County responsible for housing all state prisoners regardless which agency arrested them and which court sentenced them.

At issue is whether people charged by Toledo police under state law become the custodial responsibility of the Lucas County sheriff and if their incarceration should be paid by the county as they proceed through the courts.

The county contends the city is responsible for paying the costs for care of inmates who are arrested and charged by Toledo police and processed through Toledo Municipal Court.

Fritz Byers, attorney for Lucas County commissioners, said the county’s position is supported by state law that requires a municipality without its own jail to lease or contract with another entity that has a jail.

The law cited by Mr. Byers addresses the contractual obligations for “food, sustenance, and necessary supplies” for persons sentenced to prisons at the expense of municipalities.

“It is the perfect reflection in its explicit language of what the [Ohio] General Assembly intended in respect to the allocation of costs among the various governments responsible for criminal justice,” Mr. Byers said.

But Andy Douglas, the attorney for Toledo, said the law only requires municipalities to provide for sustaining persons sentenced to prisons, and they are not required to pay for their incarcerations.

Judge Lewis is also being asked to decide whether an amended operating agreement approved last year by the CCNO board is binding. Changes made in the operating agreement hold members responsible for the cost of inmates sentenced from their jurisdiction.

Both of Toledo’s representatives on the CCNO board voted against changing the operating agreement, which was the fifth time the contract was amended since CCNO was formed in 1987.

Under the agreement, Toledo’s allocation of 228 beds at the 638-bed regional jail was kept as it was before.

Marc Fishel, an attorney representing CCNO and the commissioners of Defiance, Fulton, Henry, and Williams counties, said the board changed the agreement in accordance with state law.

Mr. Douglas said the fifth amended contract adversely impacted Toledo.

“Changes were made that affected the city,” he said.

Judge Lewis said he would try to have his decision ready before July 1, which is the day the city’s $1.4 million quarterly payment is due for its 228 beds at the regional jail.

Mr. Byers occasionally represents The Blade on First Amendment issues.

Contact Mark Reiter at: markreiter@theblade.com or 419-724-6199.

First Published June 2, 2016, 4:02 a.m.