Court News
Jan. 24, 2006
Franklin County Appellate Judge Hears Supreme Court Case
Judge Patrick M. McGrath of the 10th District Court of Appeals served as a visiting judge on the Supreme Court of Ohio today and heard oral arguments in a case involving the use of private judges by the Cuyahoga County Court of Common Pleas.
Justice Alice Robie Resnick selected Judge McGrath to sit in place of Chief Justice Thomas J. Moyer, who recused himself from Case no. 2005-2130, State ex rel. Russo v. McMonagle.
According to the Ohio Constitution, in the event of a recusal by the Chief Justice, the next most senior justice can select any of the 68 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.
The Ohio Revised Code authorizes state courts, at the request of the parties in a lawsuit, to refer a pending civil case or selected issues in a pending civil case for “private” adjudication by a retired judge who is compensated by the parties rather than by a sitting judge of the local court paid with tax dollars. In this case, Judge Nancy Russo of the Cuyahoga County Court of Common Pleas seeks a writ of prohibition ordering the administrative judge of that court, Judge Richard J. McMonagle, to stop authorizing retired judges to whom cases have been referred under R.C. 2701.10 to conduct jury trials. Judge Russo also asks the Supreme Court to prohibit Judge McMonagle from assigning publicly funded courtroom facilities, jurors and court reporters to cases that have been referred for “private judging.”
Judge McGrath, who resides in Dublin with his wife and daughter, was elected to the 10th District Court of Appeals in 2004. The appellate court serves Franklin County and hears appeals from administrative agencies as well as original actions and civil and criminal appeals.
“To be able to sit on the Supreme Court is a great opportunity and experience,” said Judge McGrath. “I'm really looking forward to it.”
Before Judge McGrath joined the appellate court, he served for 16 years on the Franklin County Court of Common Pleas. Prior to that, he was senior assistant city attorney in the City Attorney's Office in Columbus and chief counsel in charge of all city civil litigation.
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 Patrick M. McGrath, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/mcgrath_highres.zip.
Contact: Shannon Libby at 614.387.9250.