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Judge Lisa Sadler and Judge Charles Petree of the 10th District Court of Appeals served as visiting judges on the Supreme Court of Ohio today and heard oral arguments in a total of six cases.
Both Judge Sadler and Judge Petree were selected by Chief Justice Thomas J. Moyer to sit in place of Justice Alice Robie Resnick, who recused herself from all six cases.
Judge Sadler heard arguments in cases: The Ohio Government Risk Management Plan v. David L. Harrison, Sr., et al., Case No. 2005-1461, City of Shaker Heights v. Ervin B. Mosely, Jr., Case No. 2005-2411, and State of Ohio v. Roger L. Tooley, Jr., Case Nos. 2006-0105 & 2006-0216.
Judge Petree heard arguments in cases: Douglas S. Caldwell et al. v. Petersburg Stone Company, Case No. 2006-0184, Andrea A. Barth v. Jeffrey Barth, Case No. 2006-0896, and Disciplinary Counsel v. Mark Michael Simonelli, Case No. 2006-1190.
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 Sadler and Judge Petree join us today,” Chief Justice Moyer said. “Their participation provides the parties in the cases with a court of seven justices despite the recusal of Justice Resnick.”
The Harrison case out of Auglaize County examines whether a government self-insurance plan must defend an official against an employee's alleged claims of discrimination and civil rights violations.
The Shaker Heights case out of Cuyahoga County involves the question of whether disorderly conduct is a letter included offense under the “threat” provision in Ohio's domestic violence statute.
The Tooley case out of Portage County examines whether Ohio's statutes banning possession and transmission of child pornography is unconstitutionally vague or overbroad, in light of the U.S. Supreme Court's 2002 decision in Ashcroft v. The Free Speech Coalition.
The Caldwell case out of Mahoning County addresses whether a property owner is responsible for protecting an employee of an independent contractor that is performing work that is inherently dangerous at the site of a client company's business.
The Barth case out of Cuyahoga County examines whether the statutory requirement that a person must have resided in the state for at least six months immediately prior to filing for divorce is an absolute precondition for an Ohio court to have jurisdiction over a divorce case. The case seeks to resolve a conflict between Ohio courts of appeals.
The Simonelli case is an attorney discipline case involving a Lake County attorney who has been recommended for a one-year suspension of his law license for multiple violations arising from his negligent representation of personal bankruptcy clients.
Archived video of these cases 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 Sadler, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/sadler_highres.zip.
For a high-resolution, publication-quality photo of Judge Petree, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/petree_highres.zip.
Contact: Andrea M. Strle at 614.387.9250.