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STATE EX REL. KEEFE v. EYRICH

No. 85-1680.

22 Ohio St. 3d 164 (1986)

THE STATE, EX REL. KEEFE, v. EYRICH ET AL.

Supreme Court of Ohio.

Decided January 31, 1986.

Attorney(s) appearing for the Case

Spraul, Reyering & Cronin, Daniel G. Spraul, Thomas C. Spraul, Patrick J. Cronin, William H. Reyering, Stephen G. Spraul, Waite, Schneider, Bayless & Chesley, Stanley M. Chesley and Thomas W. Keefe, for relator.

Arthur M. Ney, Jr., prosecuting attorney, and James W. Harper, for respondent Hamilton County Board of Elections.

Anthony J. Celebrezze, Jr., attorney general, Andrew I. Sutter and Cherry Lynne Poteet, for respondent Secretary of State.

Albert L. Bell, urging denial of the writ for amicus curiae, Ohio State Bar Association.

Per Curiam.

This case presents a question of great significance to constitutional government in Ohio. We are called upon to decide whether a section of Ohio's Modern Courts Amendment, passed by the voters in 1968, can stand under a federal constitutional challenge. For reasons to follow, we conclude that it can.

At the outset, we must decide what standard is appropriate for our review of the constitutional...

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