State ex rel. Russo v. McDonnell

110 Ohio St. 3d 144
CourtOhio Supreme Court
DecidedJuly 12, 2006
DocketNo. 2005-2130
StatusPublished
Cited by35 cases

This text of 110 Ohio St. 3d 144 (State ex rel. Russo v. McDonnell) 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. Russo v. McDonnell, 110 Ohio St. 3d 144 (Ohio 2006).

Opinions

O’Donnell, J.

{¶ 1} On November 14, 2005, relator, Cuyahoga County Court of Common Pleas Judge Nancy Margaret Russo, filed this action seeking a writ of prohibition to prevent Judge Richard J. McMonagle, who was then the administrative judge of the Cuyahoga County Court of Common Pleas, from facilitating jury trials in civil cases referred to private judges pursuant to R.C. 2701.10 and Gov.Jud.R. VI and to prevent him from permitting the use of court facilities, equipment, resources, or personnel in any such proceeding. We grant the writ regarding the conduct of jury trials but deny the writ regarding court facilities.

Court Policy on Private Judging

{¶ 2} Under Sup.R. 4(B), the administrative judge has “full responsibility and control over the administration, docket, and calendar of the court or division” and [145]*145is “responsible to the Chief Justice of the Supreme Court in the discharge of his or her duties.” In exercising this authority, the administrative judge implemented a policy entitled “Court Policy Regarding Private Judging,” specifying that “jury trials will be permitted with private judges” under the following conditions:

{¶ 3} “1) Notification to the Clerk of the Court of Common Pleas must be made at least six weeks prior to the date of trial;

{¶ 4} “2) Notice to the Administrative Judge must be made contemporaneously with notice to the Clerk of Courts;

{¶ 5} “3) The Administrative Judge will then order an additional 50 jurors to be called by the Jury Commissioner to help alleviate any possible burden on other judges’ jury trials;

{¶ 6} “4) Trials by a private judge may only commence on a Wednesday; and

{¶ 7} “5) The Court will endeavor to make courtrooms available, but cannot guarantee the use of a County courtroom.

{¶ 8} “6) No Court staff except court reporters will be made available to the private judge. The private judge must supply their own bailiff etc. Court reporters will be made available and only Official Court Reporters may be used to transcribe proceedings.”

{¶ 9} The administrative judge cited R.C. 2701.10 as the authority for the policy. R.C. 2701.10 permits the consensual referral of civil actions to retired judges under certain circumstances.

Peffer v. Cleveland Clinic Foundation

{¶ 10} Relator is the judge assigned in Peffer v. Cleveland Clinic Found., Cuyahoga C.P. case No. CV-03-496855. The parties in Peffer entered into an agreement to refer the case in its entirety for a jury trial under R.C. 2701.10. After relator refused to refer the case, the administrative judge ordered the referral to a retired judge under R.C. 2701.10 for the case to proceed to jury trial. The administrative judge specified that “pursuant to Superintendence Rule 4(B)(1) this court orders that the case proceed to a jury trial before retired Judge Peggy Foley Jones” and that relator “no longer has any jurisdiction over this matter, and has not since 07/15/05, the date of filing agreement for referral. (R.C. 2701.10).”

{¶ 11} The Court of Appeals for Cuyahoga County subsequently granted the plaintiffs in Peffer a writ of prohibition to prevent relator from proceeding in the case because the administrative judge’s orders “unambiguously terminated [relator’s] authority over the underlying case and she is without power or authority to act further on that case.” State ex rel. Peffer v. Russo, Cuyahoga App. No. [146]*14687149, 2005-Ohio-5556, 2005 WL 2698574, ¶4. The court of appeals did not determine whether R.C. 2701.10 authorized the referral for a jury trial.

Austin v. MetroHealth Medical Center

{¶ 12} Austin v. MetroHealth Med. Ctr., Cuyahoga C.P. case No. CV-04-538701, a case initially assigned to Judge John D. Sutula, is one of several other cases in the Cuyahoga County Common Pleas Court in which the parties agreed to refer the case to a retired judge for a jury trial under R.C. 2701.10. According to relator, Judge Sutula refused to refer the case, based on his belief that R.C. 2701.10 does not authorize jury trials.

{¶ 13} The Court of Appeals for Cuyahoga County granted the parties in Austin an alternative writ of mandamus on their claim to compel the trial court judge to refer the case to a retired judge for jury trial and prohibited the trial court judge from taking any further action while the mandamus case was pending.

{¶ 14} On November 23, 2005, the court of appeals dismissed the complaint because “R.C. 2701.10 and Gov.Jud.R. VI do not contain any reference to a jury trial” and it could “find no reference to the ability of a voluntarily retired judge to conduct a jury trial.” State ex rel. MetroHealth Med. Ctr. v. Sutula, Cuyahoga App. No. 87184, 2005-Ohio-6243, 2005 WL 3120209, ¶ 8, 10.

Use of Public Jury Pool and Public Resources

{¶ 15} Relator claims that the administrative judge directed the assignment of juries to private proceedings under R.C. 2701.10. According to relator, the administrative judge did so even though there was often an insufficient number of jurors to hear cases before elected judges.

{¶ 16} The administrative judge also permitted common pleas courtrooms and other rooms operated and funded by the county to be used for proceedings under R.C. 2701.10, including trials and pretrial conferences. Pursuant to the policy implemented by him, the administrative judge authorized the assignment of common pleas court reporters to these proceedings. According to relator, the policy consistently resulted in a shortage of court reporters for common pleas court judges to conduct business in their own courtrooms.

(¶ 17} In addition, the administrative judge allowed the use of other court personnel and resources, e.g., security, copying, and utilities, for these proceedings.

Prohibition Action

{¶ 18} On November 14, 2005, relator filed this action for a writ of prohibition to prevent the administrative judge from “compelling or facilitating jury trials in [147]*147proceedings purportedly submitted or referred” under R.C. 2701.10. Relator also requested a writ of prohibition to prevent the administrative judge from “directing or permitting the use of facilities, equipment, resources, utilities and/or personnel of the Cuyahoga County Court of Common Pleas in any proceedings” under R.C. 2701.1Ó. On December 7, the administrative judge answered and moved for judgment on the pleadings. On December 19, relator filed a memorandum in opposition to the administrative judge’s motion.

{¶ 19} On December 28, 2005, we ordered oral argument for January 24, 2006. On January 5, 2006, we received notification that Judge Nancy R. McDonnell has now succeeded Judge McMonagle as the administrative judge of the common pleas court. Pursuant to S.Ct.Prac.R. X(2) and Civ.R. 25(D)(1), Judge McDonnell is automatically substituted as the respondent in this case. The Ohio Academy of Trial Lawyers and Ohio Association of Civil Trial Attorneys filed an amici curiae brief in support of the administrative judge.

S.Ct.Prac.R. X(5) Determination

{¶ 20} In accordance with S.Ct.Prac.R. X(5), we must determine whether dismissal, an alternative writ, or a peremptory writ is appropriate. If the pertinent facts are uncontroverted and it appears beyond doubt that relator is entitled to the requested writ, we will grant a peremptory writ.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Brown
2021 Ohio 3078 (Ohio Court of Appeals, 2021)
McClain v. State
2021 Ohio 1423 (Ohio Court of Appeals, 2021)
State v. Taylor (Slip Opinion)
2020 Ohio 3514 (Ohio Supreme Court, 2020)
State ex rel. Arberia, L.L.C. v. Indus. Comm.
2014 Ohio 5351 (Ohio Court of Appeals, 2014)
Fultz v. Fultz
2014 Ohio 3344 (Ohio Court of Appeals, 2014)
State v. Bartone
2013 Ohio 2228 (Ohio Court of Appeals, 2013)
State v. Varney
2013 Ohio 1232 (Ohio Court of Appeals, 2013)
State v. Goode
2013 Ohio 958 (Ohio Court of Appeals, 2013)
Wilson v. Kasich
2012 Ohio 5367 (Ohio Supreme Court, 2012)
Hudson v. Petrosurance, Inc.
2010 Ohio 4505 (Ohio Supreme Court, 2010)
State Farm Mutual Automobile Insurance v. Grace
2009 Ohio 5934 (Ohio Supreme Court, 2009)
Barnes v. University Hospitals of Cleveland
893 N.E.2d 142 (Ohio Supreme Court, 2008)
State ex rel. Columbus Southern Power Co. v. Fais
884 N.E.2d 1 (Ohio Supreme Court, 2008)
Hyle v. Porter
117 Ohio St. 3d 165 (Ohio Supreme Court, 2008)
Davis v. Davis
873 N.E.2d 1305 (Ohio Supreme Court, 2007)
State v. Hassler
875 N.E.2d 46 (Ohio Supreme Court, 2007)
State ex rel. Powell v. Markus
874 N.E.2d 775 (Ohio Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
110 Ohio St. 3d 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-russo-v-mcdonnell-ohio-2006.