State ex rel. Parikh v. Berkowitz

2025 Ohio 2117
CourtOhio Supreme Court
DecidedJune 18, 2025
Docket2024-1466
StatusPublished

This text of 2025 Ohio 2117 (State ex rel. Parikh v. Berkowitz) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Parikh v. Berkowitz, 2025 Ohio 2117 (Ohio 2025).

Opinion

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Parikh v. Berkowitz, Slip Opinion No. 2025-Ohio-2117.]

NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2025-OHIO-2117 THE STATE EX REL. PARIKH, CLERK, APPELLANT , v. BERKOWITZ, JUDGE, ET AL., APPELLEES.

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Parikh v. Berkowitz, Slip Opinion No. 2025-Ohio-2117.] Prohibition—Mandamus—County clerk of courts has a clear legal duty under R.C. 1901.31(E) to comply with municipal-court judges’ administrative order requiring him to restore online public access to all records in residential- eviction cases—An appeal from any contempt proceeding would provide clerk with adequate remedy to raise any due-process challenge to the judges’ authority to hold him in contempt for noncompliance with the administrative order, and the judges do not patently and unambiguously lack jurisdiction to hold him in contempt for failing to comply with it—Court of appeals’ judgment denying clerk’s request for a writ of prohibition and granting judges’ request for a writ of mandamus affirmed. (No. 2024-1466—Submitted April 22, 2025—Decided June 18, 2025.) SUPREME COURT OF OHIO

APPEAL from the Court of Appeals for Hamilton County, No. C-240187, 2024-Ohio-4686. __________________ The per curiam opinion below was joined by KENNEDY, C.J., and FISCHER, DEWINE, BRUNNER, DETERS, HAWKINS, and SHANAHAN, JJ.

Per Curiam. {¶ 1} Appellant, Pavan V. Parikh, the Hamilton County clerk of courts, appeals the judgment of the First District Court of Appeals denying a writ of prohibition he requested against appellees, the judges of the Hamilton County Municipal Court1 (“the judges”), and granting a writ of mandamus the judges requested against him. The underlying dispute relates to Parikh’s adoption of a policy discontinuing online access to certain court records and the judges’ order directing him to rescind that policy. The court of appeals held in favor of the judges, and we affirm its judgment. I. BACKGROUND {¶ 2} Some municipal-court clerks are elected; others are appointed by the judges of the court that they serve. R.C. 1901.31(A). Parikh is the elected Hamilton County clerk of courts. As the Hamilton County clerk of courts, Parikh serves as the clerk for the Hamilton County Municipal Court. See R.C. 1901.31(A)(1)(b). {¶ 3} In May 2022, Parikh issued a policy eliminating remote online access to court records in residential-eviction cases older than three years from the date of judgment satisfaction. He states that the purpose of the policy is to prevent members of the public, such as employers and landlords, from inappropriately

1. The appellees are Hamilton County Municipal Court Judges Josh Berkowitz, Bernie Bouchard, Gwen Bender, Ted Berry, Janaya Trotter Bratton, Jackie Ginocchio, Donte Johnson, William Mallory, Heather Russell, Brad Greenberg, Dwane Mallory, Mike Peck, Tyrone Yates, and Samantha Silverstein.

2 January Term, 2025

relying on court documents when considering employment, housing, and other needs of individuals. “[I]t was and remains the belief of the Clerk’s Office,” he explains, “that these online inquiries led to misidentification of parties with similar names and produced inaccurate and unfair results that harmed citizens.” The public remains able to access the records in person at the clerk’s office during regular business hours. {¶ 4} The judges objected to the policy and asked Parikh to place a disclaimer on the clerk’s-office website notifying the public “that a remote search for eviction records would not include eviction actions that are greater than three years of age.” Parikh refused, although he told the judges that he would place on the website a different, more general, disclaimer stating:

Pursuant to Rule 45(C) of the Rules of Superintendence for the Courts of Ohio, a clerk of court is not required to offer remote access to a particular case file or case document. If you believe a case file or particular document exists but is not available online, please visit the Clerk’s Office or submit an online request for a copy of the specific record you are attempting to obtain.

{¶ 5} This disclaimer did not satisfy the judges, and they issued Administrative Order No. 23-45 in October 2023. It ordered Parikh to (1) comply with Loc.R. 9.16 of the Hamilton County Municipal Court (allowing the clerk to make certain court records available on the clerk’s-office website), (2) comply with Sup.R. 45 (concerning public access to court records), and (3) rescind Parikh’s May 2022 policy “so as to restore open and transparent public access to Court records.” Parikh did not comply with the order, and the judges informed Parikh in March 2024 that he could be held in contempt of court if he did not change the clerk’s- office website in compliance with the order.

3 SUPREME COURT OF OHIO

{¶ 6} Parikh then filed a complaint for a writ of prohibition in the First District Court of Appeals. He requested a writ preventing the judges from enforcing Administrative Order No. 23-45 and from holding him in contempt for noncompliance with the order. The judges answered. They also counterclaimed, requesting a writ of mandamus ordering Parikh to rescind the May 2022 policy and otherwise comply with the administrative order, Sup.R. 45, and Loc.R. 9.16. The judges moved for judgment on the pleadings on Parikh’s prohibition complaint, and Parikh moved to dismiss the judges’ mandamus counterclaim. {¶ 7} All judges of the First District recused themselves from the case, and three judges of the Twelfth District Court of Appeals were assigned as visiting judges. In September, the court of appeals issued an opinion, ruling in favor of the judges. It granted the judges’ motion for judgment on the pleadings on the prohibition claim, concluding that the judges did not patently and unambiguously lack authority to hold Parikh in contempt. As to the judges’ mandamus counterclaim, the court denied Parikh’s motion to dismiss and—although Parikh had not yet filed an answer—granted the writ outright. Accordingly, the court ordered Parikh to rescind the May 2022 policy and to comply with Administrative Order No. 23-45. {¶ 8} Parikh has appealed as of right. He also requested a stay of the court of appeals’ decision from this court, which we denied. 2024-Ohio-5572. The Ohio Clerk of Courts Association filed an amicus brief in support of Parikh. II. LEGAL ANALYSIS A. Parikh’s motion for oral argument {¶ 9} We first address a motion for oral argument that Parikh filed. The judges did not respond to the motion. We have discretion to grant oral argument in a direct appeal, S.Ct.Prac.R. 17.02(A), and in exercising that discretion, will consider whether the case involves complex issues, a matter of great public importance, a substantial constitutional issue, or a conflict among courts of appeals,

4 January Term, 2025

Boler v. Hill, 2022-Ohio-507, ¶ 14. Having considered these factors, we deny the motion for oral argument. B. Writ of mandamus {¶ 10} The judges requested a writ of mandamus ordering Parikh to rescind the May 2022 policy and comply with Administrative Order No. 23-45, Sup.R. 45, and Loc.R. 9.16. The court of appeals granted the writ. 1.

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Bluebook (online)
2025 Ohio 2117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-parikh-v-berkowitz-ohio-2025.