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June 3, 2008
Hamilton County Jurist Hears Supreme Court Case

Judge Penelope R. CunninghamJudge Penelope R. Cunningham of the First District Court of Appeals served as a visiting judge on the Supreme Court of Ohio today and heard oral arguments in one case.

Judge Cunningham was selected by Chief Justice Thomas J. Moyer to sit in place of Justice Judith Ann Lanzinger,who recused herself from Lager v. Miller-Gonzalez (Case Nos. 2007-1760 and 2007-1762).

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 Cunningham fill in for Justice Lanzinger today and provide a full complement of seven justices,” Chief Justice Moyer said.

The Lager case – out of Lucas County – involves a wrongful death action and whether the auto liability insurance policy of the parents covers their daughter who was killed in 2003 in a car accident. Sara Lager was a passenger in her vehicle, which was covered under her own separate insurance policy, at the time of the collision.

Judge Cunningham was elected to the First District Court of Appeals in November 2006. The court serves Hamilton County and hears cases from county, municipal and common pleas courts as well as original actions in habeas corpus, mandamus, prohibition, procedendo and quo warranto.

Judge Cunningham’s judicial experience also includes her appointment to the Hamilton County Domestic Relations Court in 1995, her subsequent election in 1996 and re-election in 2002. She received her undergraduate degree and her juris doctorate from the University of Cincinnati.

Before being elected to the bench, Judge Cunningham’s professional experience included maintaining a private practice, service as a Referee in Domestic Relations Court for more than six years, followed by service as an Assistant Hamilton County Prosecutor. Judge Cunningham is a past officer and Trustee with the Ohio Association of Domestic Relations Judges. She has been a member on the Domestic Relations Law and Procedures Committee for the Ohio Judicial Conference and has served on several committees and educational panels for the Ohio Judicial College.

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 Cunningham, please click on the above photo or visit:
www.supremecourtofohio.gov/Communications_Office/Press_Releases/2008/cunningham_highres.zip.

Contact: Chris Davey or Bret Crow at 614.387.9250