Iberia Cabinet Manufacturing Co. v. Walston

2002 Ohio 7450, 782 N.E.2d 1259, 121 Ohio Misc. 2d 121
CourtMarion County Municipal Court
DecidedDecember 26, 2002
DocketNo. 02 CVI 1083
StatusPublished
Cited by1 cases

This text of 2002 Ohio 7450 (Iberia Cabinet Manufacturing Co. v. Walston) is published on Counsel Stack Legal Research, covering Marion County Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iberia Cabinet Manufacturing Co. v. Walston, 2002 Ohio 7450, 782 N.E.2d 1259, 121 Ohio Misc. 2d 121 (Ohio Super. Ct. 2002).

Opinion

William R. Finnegan, Judge.

{¶ 1} On November 18, 2002, this ease came on before the court upon the motion of defendant Jim Walston to set aside judgment. Plaintiff Iberia Cabinet Manufacturing Company was present by Jeff Benton, president of the plaintiff, and the defendant was represented by Terry L. Gernert. Thereupon, oral argument was heard.

{¶ 2} This is a small claims case that was filed by the plaintiff on June 24, 2002. The matter proceeded to contested trial before the small claims magistrate on July 24, 2002, with the magistrate recommending a judgment in favor of the plaintiff in the amount of $2,612.50, plus interest and court costs, by proposed decision of magistrate of August 23, 2002. No objections to the proposed decision of magistrate were filed by the defendant, and on September 11, 2002, this court granted judgment to the plaintiff against the defendant in the above-stated amount. The plaintiff commenced bank garnishments to collect on the judgment on September 20, 2002. On September 24, 2002, the defendant filed his motion to set aside judgment. The defendant also filed a motion to stay judgment, which this court has granted, as the defendant has placed with the court an amount that would satisfy the total probable amount due on the judgment if the defendant’s motion to set aside judgment is not granted.

{¶ 3} In his motion, the defendant asks this court to set aside the judgment rendered in this case on the basis that no licensed attorney at law has participated on behalf of the plaintiff at any stage in this case. The defendant maintains that this constitutes the unauthorized practice of law, and that R.C. 1925.17, which allows the actions that have been taken by the officer of the plaintiff throughout this case, is unconstitutional.

{¶ 4} The statute in question is R.C. 1925.17, which states:

{¶ 5} “A corporation which is a real party in interest in any action in a small claims division may commence such an action and appear therein through an attorney at law. Such a corporation may, through any bona fide officer or salaried employee, file and present its claim or defense in any action in a small claims division arising from a claim based on a contract to which the corporation is an original party or any other claim to which the corporation is an original claimant, provided such corporation does not, in the absence of representation by an attorney at law, engage in cross-examination, argument, or other acts of advocacy.”

{¶ 6} The defendant maintains that R.C. 1925.17 is an unconstitutional attempt by the legislature to regulate civil procedure, which the defendant claims is reserved to the Ohio Supreme Court by Section 5(B), Article IV of the Constitution of Ohio. In addition, the defendant claims that R.C. 1925.17 permits unautho[124]*124rized persons to practice law, which impinges upon the authority of the Ohio Supreme Court to determine which persons are authorized to practice law, pursuant to Section 2(B)(1)(g), Article IV of the Constitution of Ohio.

{¶ 7} Turning first to the issue of whether R.C. 1925.17 is an unconstitutional attempt to govern procedure in Ohio courts, the court notes that the defendant cites Alliance Group, Inc. v. Rosenfield (1996), 115 Ohio App.3d 380, 685 N.E.2d 570 (Hamilton Cty.), which held R.C. 1925.17 unconstitutional. In so holding, the court in Alliance Group, Inc. stated that there was no constitutional provision vesting authority in the General Assembly, or inherent power in the General Assembly, to establish separate or additional rules for courts created by the General Assembly. The court further stated that the power granted to the Ohio Supreme Court governs the practice and procedure of all courts in this state, regardless of whether the courts are constitutionally created or legislatively created.

{¶ 8} The first paragraph of Section 5(B), Article TV of the Constitution of Ohio states:

{¶ 9} “The supreme court shall prescribe rules governing practice and procedure in all courts of the state, which rules shall not abridge, enlarge, or modify any substantive right. * * * All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.”

{¶ 10} This court finds the argument that R.C. 1925.17 is in violation of the first paragraph of Section 5(B), Article IV of the Constitution of Ohio not well taken. This court does not agree with the reasoning found in Alliance Group, Inc., first, because this court believes that the first paragraph of Section 5(B), Article IV of the Constitution of Ohio provides an implied recognition of the authority of the General Assembly to make laws regulating procedure of courts in areas where the Supreme Court has not promulgated rules of procedure, and, second, that the unauthorized practice of law is a matter of substantive law, not procedural law.

{¶ 11} Concerning the issue of whether the General Assembly can enact any kind of laws relating to procedure in Ohio’s courts, this court agrees that there is no express provision in the Constitution of Ohio expressly providing for the enactment of laws of procedure governing cases in Ohio’s courts; however, it is a fact that over the length of Ohio history up to the passage of the Modern Courts Amendment of 1968, a large portion of civil and criminal procedure, and admissibility of evidence, was governed by statutory enactment. This situation clearly changed with the addition of Section 5(B), Article IV, which was added to the Constitution of Ohio by the Modern Courts Amendment of 1968. However, the Modern Courts Amendment did not automatically repeal all laws regulating procedure in courts passed by the General Assembly existing prior to that [125]*125amendment, as Section 5(B), Article IV of the Constitution states that all laws in conflict with such rules shall be of no force or effect after such rules have taken effect. This language indicates a continued ability of the General Assembly to pass laws governing procedure in Ohio’s courts, so long as such laws do not conflict with the rules of procedure promulgated by the Ohio Supreme Court.

{¶ 12} The actions of both the Ohio legislature and the Ohio Supreme Court seem to reflect this recognition of a limited continuing authority of the General Assembly to regulate certain aspects of procedure in Ohio courts. As to civil procedure, the Ohio Supreme Court, in promulgating the Ohio Rules of Civil Procedure, has created exceptions to the applicability of those rules in actions for appropriation of property, actions in forcible entry and detainer, small claims matters under R.C. Chapter 1925, uniform reciprocal support actions, the commitment of the mentally ill, and in all other special statutory proceedings. See Civ.R. 1(C). As to criminal procedure, the Supreme Court has created exceptions to the applicability of the Ohio Rules of Criminal Procedure in matters relating to the extradition and rendition of fugitives, upon the application and enforcement of peace bonds, proceedings for forfeiture of property, and proceedings upon the collection of fines and penalties. Crim.R. 1(C). As to the Rules of Evidence, Evid.R. 101(C) contains exceptions to the application of the Rules of Evidence in special nonadversary statutory proceedings and small claims proceedings in county and municipal courts.

{¶ 13} The General Assembly has continued to enact laws regulating procedure for Ohio courts in limited situations subsequent to the Modern Courts Amendment.

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Bluebook (online)
2002 Ohio 7450, 782 N.E.2d 1259, 121 Ohio Misc. 2d 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iberia-cabinet-manufacturing-co-v-walston-ohmunictmarion-2002.