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Judge John R. Willamowski of the Third District Court of Appeals served as a visiting judge on the Supreme Court of Ohio today and heard oral arguments in one case.
Judge Willamowski was selected by Chief Justice Thomas J. Moyer to sit in place of Justice Robert R. Cupp, who recused himself from State of Ohio v. Laura Ann Kalish (Case No. 2007-1703).
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 Willamowski fill in for Justice Cupp today and provide a full complement of seven justices,” Chief Justice Moyer said.
The Kalish case – out of Lake County – involves whether the “clear and convincing” standard of review in felony sentencing appeals remains based on the Supreme Court’s decision in State v. Foster. In this instance Kalish was sentenced to a 5 1/2 -year prison term for an Aug. 4, 2005 car accident that took the life of Peter Briggs. Kalish’s attorneys argue that the decision by the 11th District Court of Appeals in this case was too harsh given that Kalish was a first-time felony offender. Her attorneys also pointed out that Ohio’s 12 appellate district courts are nearly equally split on whether “clear and convincing” or “abuse of discretion” is the standard of review in such cases.
Judge Willamowski was elected to the Third District Court of Appeals in 2006. The Third District Court of Appeals serves 17 counties in northwest Ohio, and hears cases from county, municipal and common pleas courts as well as original actions in habeas corpus, mandamus, prohibition, procedendo and quo warranto.
“The opportunity to be part of the Supreme Court panel and to hear oral arguments at the highest level of our state court system was a distinct honor,” Judge Willamowski said.
Before his election to the bench, Judge Willamowski engaged in the private practice of law for more than two decades. He was appointed to and served a total of five terms in the Ohio House of Representatives beginning in 1997 and ending in 2006 as a result of Ohio’s legislative term limits. By special appointment of Chief Justice Moyer, Judge Willamowski served on the Supreme Court’s Task Force on Pro Se and Indigent Litigants.
Judge Willamowski earned his undergraduate degree in philosophy from the University of Notre Dame and his law degree from Ohio Northern University.
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 Willamowski, please click on the above photo or visit:http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2008/williamowski_highres.zip
Contact: Chris Davey or Bret Crow at 614.387.9250.