STATE EX REL. HAMILTON CTY. BD. OF COMMRS. v. HAMILTON CTY. COURT OF COMMON PLEAS

No. 2009-2068.

126 Ohio St.3d 111 (2010)

2010-Ohio-2467

THE STATE EX REL. HAMILTON COUNTY BOARD OF COMMISSIONERS v. HAMILTON COUNTY COURT OF COMMON PLEAS ET AL.

Supreme Court of Ohio.

Decided June 9, 2010.


Attorney(s) appearing for the Case

David A. Pepper and Todd B. Portune, for relator.

Porter, Wright, Morris & Arthur, L.L.P., Mark E. Elsener, Kathleen M. Trafford, and Michael A. Wehrkamp, for respondents Hamilton County Court of Common Pleas and its judges.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Thomas E. Grossmann and Colleen M. McCafferty, Assistant Prosecuting Attorneys, for intervening respondent Joseph T. Deters.

Peck, Shaffer & Williams, L.L.P., and Thomas A. Luebbers, urging granting of the writ for amicus curiae County Commissioners Association of Ohio.

Ron O'Brien, Franklin County Prosecuting Attorney, and Nick A. Soulas Jr., First Assistant, Civil Division, urging denial of the writ for amicus curiae Ohio Prosecuting Attorneys Association.


Per Curiam.

{¶ 1} This is an original action for a writ of prohibition to prevent a common pleas court and 12 of its judges from terminating the board of county commissioners' employment of special counsel, which had previously been approved by the court, and to vacate their order terminating the employment of special counsel. Because the common pleas court and the judges did not patently and unambiguously lack jurisdiction to do so...

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