STATE EX REL. v. OHIO CIV. RIGHTS

No. 2006-2263.

117 Ohio St.3d 441 (2008)

2008-Ohio-1261

THE STATE EX REL. AMERICAN LEGION POST 25, Appellee, v. OHIO CIVIL RIGHTS COMMISSION et al., Appellants.

Supreme Court of Ohio.

Decided March 26, 2008.


Attorney(s) appearing for the Case

Kiger & Kiger Lawyers and James A. Kiger; and Mary E. King, for appellee.

Marc Dann, Attorney General, William P. Marshall, Solicitor General, Elise Porter, Deputy Solicitor, Michael Stokes, Assistant Solicitor, and Stephanie Bostos Demers and Lori Anthony, Assistant Attorneys General, for appellants.

Gittes & Schulte and Frederick M. Gittes; and Fortney & Klingshirn and Neil E. Klingshirn, urging reversal for amicus curiae, Ohio Employment Lawyers Association.


LANZINGER, J.

{¶ 1} This discretionary appeal presents the question of whether R.C. 4112.04(B), the Ohio Civil Rights Commission's subpoena statute, creates a duty for the commission to issue subpoenas at the request of a party charged with a discriminatory practice at any stage of its administrative proceedings. We hold that the clear language of the statute mandates the commission to...

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