Questions from a fellow blogger/blogette?

I have been asked by a fellow blogger/blogette calling him or herself "make them file their briefs" to respond in my capacity as a "lie-yer" to the following questions: (See the comments to my inaugral post)

Do you think: because one is an attorney they have the right to tell a policitican to kiss their "finney fanny"? I think any person, lawyer or not, has the right to tell a politician to kiss their "finney fanny." I would, however, have to surmise that there is a more effective way of imparting y0ur displeasure with a politician that this. And perhaps a more direct way.

When was the last time you heard about an attorney filing a 'misconduct' charge on a Hamilton County Judge? I do not have any recollection of ever hearing of any attorney filing a 'misconduct' charge against a Hamilton County Judge. I am sure that judicial misconduct is not unheard of in Hamilton County. If briefs is so concerned about this issue, I would advise him or her to get out on the stump during the next election of the Judge that he or she has a grudge against, and tell the voters of Hamilton County what the problem is. But, mind you, it needs to something real, not something that a disgruntled "victim" of the system has to rant and rave about. Now let's discuss what is "judicial misconduct?"

In the federal system, 28 USC § 351 authorizes judicial misconduct complaints alleging conduct prejudicial to the effective and expeditious administration of the business of the courts or the inability to discharge all the duties of the office by reason of mental or physical disability. Conduct prejudicial to the effective and expeditious administration of the business of the courts is not a precise term. It includes such things as use of the judge’s office to obtain special treatment for friends and relatives, acceptance of bribes, improperly engaging in discussions with lawyers or parties to cases in the absence of representatives of opposing parties, (ex parte communications) and other abuses of judicial office. It does not include making wrong decisions – even very wrong decisions. The law provides that a complaint may be dismissed if it is directly related to the merits of a decision or procedural ruling. Mental or physical disability may include temporary conditions as well as permanent disability.

The Ohio Code of Judicial Conduct can be found at http://www.sconet.state.oh.us/ . The Code is designed to provide guidance to judges and candidates for judicial office and to provide a structure for regulating conduct through disciplinary agencies. It is not designed or intended as a basis for civil liability or criminal prosecution. Furthermore, the purpose of the Code would be subverted if the Code were invoked by lawyers for mere tactical advantage in a proceeding. I am thinking that the standard governing "judicial misconduct" in the state system in Ohio would be similar if not identical to that in the federal system. So briefs, if your grievance is related to a violation of the standards set out above, there is nothing to prevent you filing your own complaint against a Judge. The right to file such a complaint is certainly not confined to attorneys only. And, of course, I have no idea if you are an attorney or not, but, regardless, you have the ability to file your own complaint and not lay it off on the attorneys in Hamilton County who do not do so. If you have a legitmate complaint, then file it, for crying out loud, get off the soap box and stop whining and moaning because someone else has not done so on your behalf.

Complaints alleging judicial misconduct may be filed with the disciplinary counsel or with a certified grievance committee of the board of commissioners on grievances and discipline, both of which have the authority to investigate and file formal complaints with the board. If two thirds of the members of the board believe there is substantial credible evidence to support the complaint, the Supreme Court appoints a commission of five judges to determine whether retirement, removal, or suspension is warranted. The commission's decision may be appealed to the Supreme Court.

Here is an interesting article for briefs to read about what happens when these issues arise. Click here North Country Gazette

A 1st District Appeals Court Judge? Don't have any recollection, but see above.

How about a Judge against a Judge? Don't have any recollection, but see above.

How many minorities sit on the 1st District court of Appeals. There are two women on the 1st District Court of Appeals. There are no racial minorities sitting on the 1st District.

The State Supreme Court? There are three women on the Supreme Court. There are no racial minorities on the Supreme Court.

Why do attorneys feel that when have a pro se adversary they can meet with a Judge exparte (sic)? I cannot respond to this question in the general, but can speak for myself and those attorneys that I know and respect, that not one single one of us would ever meet with a Judge on an ex parte basis to discuss a case no matter who represented the other side. That is very serious misconduct and the attorneys I know would not jeopardize their careers to a gain such a nebulous, at best, advantage. Morever, an honorable Judge would toss a lawyer out on his or her ass for trying such a thing. That said, judges and attorneys must maintain a collegial relationship for the good of profession. It is wrong to assume just because a lawyer and a judge have a conversation that it necessarily involves prohibited communications.

How can an Ohio law prevent an attorney from disclosing the that the largest allowable judgement in the Common Pleas is $250,000.00? This one is clearly out of left field. I am not aware of any law that prohibits an award exceeding $250,00.00 in the Common Pleas court. These are the only damages limitations in Ohio that I am aware of:

There is a cap on non-economic damages for medical malpractice arising out of acts or omissions on or after April 11, 2003. The basic cap is the larger of $250,000 or three times economic damages, subject to a maximum of $350,000 per plaintiff and a maximum of $500,000 per occurrence. These maximum amounts increase to $500,000 per plaintiff and $1 million per occurrence if the plaintiff has suffered permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical injury that prevents self-care. Ohio Rev. Code Ann. § 2323.43 (Westlaw 2006). The cap does not apply to cases brought under the wrongful death statute, Ohio Rev. Code Ann. § 2323.43(G)(3) (Westlaw 2006), but it does limit recovery by a decedent's estate for such non-economic damages as conscious pain and suffering experienced prior to death. Prior damage caps, similar in some respects to the current statute but different in others, have twice been held to be unconstitutional by the Ohio Supreme Court. State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St. 3d 451, 715 N.E.2d 1062 (1999); Morris v. Savoy, 61 Ohio St. 3d 684, 576 N.E.2d 765 (1991). Ohio also limits punitive damages to twice compensatory damages in tort cases (other than intentional torts) arising on or after April 5, 2005. Punitive damages are also limited to ten percent of net worth, up to a maximum of $350,000, in the case of an individual or small employer. Ohio Rev. Code Ann. § 2315.21(D) (Westlaw 2006). (unabashedly and unashamedly lifted from a website maintained by an insurance defense firm).

If there is some law that I am unaware of that limits damages in the Common Pleas court, please let me and others know of it.

So, briefs, have I addressed your issues?

Always Annoyed.