Court News
April 11, 2006
Scioto County Appellate Judge Hears Supreme Court Case
Judge Matthew W. McFarland of the 4th District Court of Appeals served as a visiting judge on the Supreme Court of Ohio today and heard oral arguments in a Lucas County case.
Judge McFarland was selected by Chief Justice Thomas J. Moyer to sit in place of Justice Judith Ann Lanzinger, who recused herself from Case No. 2005-1399, Anderson v. Nationwide Insurance Co. and Cincinnati Insurance Co.
According to the Ohio Constitution, in the event of a recusal by a Justice, the Chief Justice of the Supreme Court can select any of the 68 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.
“We are pleased to have Judge McFarland join us today,” Chief Justice Moyer said. “His participation provides the parties in the case with a court of seven justices despite the recusal of Justice Lanzinger.”
The case examines whether “extrinsic evidence,” such as an affidavit signed by a company officer, is legally sufficient to prove that an employer expressly and knowingly waived uninsured/underinsured motorist (UM/UIM) coverage of its employees in a corporate insurance policy under the 1994-1997 (S.B. 20) version of Ohio's UM/UIM insurance statute.
In 2004, Judge McFarland was elected to the 4th District Court of Appeals, which serves 14 counties in Southeast Ohio, including Adams, Athens, Gallia, Highland, Hocking, Jackson, Lawrence, Meigs, Pickaway, Pike, Ross, Scioto, Vinton and Washington. Before his election, Judge McFarland served as magistrate of the Scioto County Common Pleas Court, Probate-Juvenile Division. Prior to his judicial service, Judge McFarland was assistant Scioto County prosecutor and in private practice. He currently serves as the legislation committee chair of the Supreme Court's Advisory Committee on Court Security & Emergency Preparedness and is an adjunct professor at Shawnee State University. At 38, Judge McFarland is the youngest of the 68 sitting Ohio appellate judges to serve as a visiting judge on the Supreme Court.
“It's a great honor to sit on the Supreme Court of Ohio,” Judge McFarland said. “I'm very privileged to have been selected by the Chief Justice.”
Judge McFarland resides in Wheelersburg with his wife, Lynn, and their children, Mitchell and Matalyn.
Archived video of this case and every case argued before the Supreme Court of Ohio since March 2004 is available at www.SupremeCourtofOhio.gov/videostream.
For a high resolution, publication-quality photo of Judge Matthew McFarland, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/mcfarland_highres.zip.
Contact: Katie Riedel at 614.387.9250.