State ex rel. Citizens' Bar Ass'n v. Gagliardo, 77-1393

• Decision Date: 12 July 1978
• Docket Number: No. 77-1393,77-1393
• Citation: 378 N.E.2d 153,55 Ohio St.2d 70
• Parties: , 9 O.O.3d 74 The STATE ex rel. CITIZENS' BAR ASSOCIATION et al., Appellants, v. GAGLIARDO, Judge, et al., Appellees.
• Court: Ohio Supreme Court

Page 70

55 Ohio St.2d 70

378 N.E.2d 153, 9 O.O.3d 74

The STATE ex rel. CITIZENS' BAR ASSOCIATION et al., Appellants, v. GAGLIARDO, Judge, et al., Appellees.

No. 77-1393.

Supreme Court of Ohio.

July 12, 1978.

On October 3, 1977, appellants, Citizens' Bar Association and two of its members, Thomas W. Lippitt and Martha I. Lippitt, filed a complaint for a writ of mandamus in the Court of Appeals for Cuyahoga County, seeking to compel Judge John J. Toner, clerk of the Juvenile Division of the Court of Common Pleas, to allow appellants to inspect the financial disclosure statement there on file of Judge Angelo J. Gagliardo of the Juvenile Division of that court.

Appellants contend that this disclosure statement is a public record and thus available for inspection. Appellants contend further that respondent Judge Gagliardo is required by Canon 6 of the Ohio Code of Judicial Conduct to file a financial disclosure statement with the clerk of the court where he serves, and that the clerk, respondent Judge Toner, has custody of such statement and must provide a copy, at cost, to the public.

On October 12, 1977, appellees filed a motion to dismiss, which was granted on October 19, 1977.

The cause is now before this court upon an appeal as of right.

Thomas W. Lippitt, pro se.

John T. Corrigan, Pros. Atty., and Mary A. Lentz, Columbus, for appellees.

PER CURIAM.

R.C. 149.43 states in part:

"As used in this section, 'public record' means any record required to be kept by any governmental unit * * *.

"All public records shall be open at all reasonable times for inspection. Upon request, a person responsible for public records shall make copies available at cost, within a reasonable period of time."

In State ex rel. Beauty Supply Co. v. State Bd. of Cosmetology (1977), 49 Ohio St.2d 245, 246, 361 N.E.2d 444, 445, this court stated:

"This court has thus enunciated a twofold test to determine the existence of 'public records': (1) the records must be kept by a governmental unit, and (2) the records must be specifically required to be kept by law. Affirmative application of these two elements in a given circumstance mandates that the records be available for inspection and copying." (Emphasis added.)

R.C. 102.02 requires Judge Gagliardo to file a financial disclosure statement with the secretary of the Board of Commissioners on Grievances and Discipline. Thus, that statement so filed is a "public record" pursuant to R.C. 149.43. As such, it is subject to public inspection at...