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April 2, 2003
News Release

The Ohio Supreme Court today unanimously denied a motion by Attorney General Jim Petro that sought an emergency stay ordering Judge Linton Lewis of Perry County to stop current proceedings in his court in regard to enforcement of the State v. DeRolph school funding case.

Today's ruling did not address Petro's pending request that the Supreme Court issue a writ of prohibition that would prevent the Perry County Common Pleas Court from any further action in the DeRolph case on the basis that it no longer has jurisdiction. That matter remains pending before the Supreme Court, which recently received Judge Lewis's response to the Petro motion for a writ.

Under Rule X of the Supreme Court Rules of Practice, once the court has received a motion seeking a writ of prohibition and the response of the party against whom the writ is sought, the court has three possible courses of action:

1. It may issue an "alternative writ" which temporarily stops a lower court from proceeding in the disputed matter while the Supreme Court considers briefs from the parties and issues a decision on the merits.

2. It may grant a peremptory writ of prohibition granting the relief sought in the original motion; or

3. It may deny the motion for a writ based on the original motion and response.

Also today, the Supreme Court granted a request by the individuals and coalition of Ohio school districts who were plaintiffs in the DeRolph case to intervene as interested parties in the writ of prohibition pending in the Supreme Court.

Contact: Chris Davey at 614.387.9250