State ex rel. Greene Cnty. Bd. of Comm'rs v. O'Diam, 2018-0399
| Decision Date | 07 May 2019 |
| Docket Number | No. 2018-0399,2018-0399 |
| Citation | 156 Ohio St.3d 458,129 N.E.3d 393,2019 Ohio 1676 |
| Parties | The STATE EX REL. GREENE COUNTY BOARD OF COMMISSIONERS et al. v. O'DIAM, Judge. |
| Court | Ohio Supreme Court |
Surdyk, Dowd & Turner Co., L.P.A., and Dawn M. Frick, Miamisburg, for relators.
Porter, Wright, Morris & Arthur, L.L.P., Kathleen M. Trafford, Columbus, and Caroline Gentry, Dayton, for respondent.
John D. Smith Co., L.P.A., John D. Smith, and Andrew P. Meier, Springboro, for proposed intervenors, Judge Michael A. Buckwalter and Judge Stephen A. Wolaver.
Paul W. Flowers Co., L.P.A., Paul W. Flowers, and Louis E. Grube, Cleveland, for amicus curiae, Ohio Association of Probate Judges.
{¶ 1} In this original action, relators, the Greene County Board of Commissioners ("the board") and Greene County, seek a writ prohibiting a common-pleas-court judge from enforcing his orders concerning the control of Courtroom 3 in the Greene County Courthouse. Courtroom 3 is currently under the control of the General Division of the Greene County Court of Common Pleas. But Judge Thomas O'Diam of the probate division of the Greene County Court of Common Pleas has ordered the board to designate the room as the probate division's courtroom and to provide the probate division exclusive use of the room three days a week. In a related case currently pending before us, case No. 2018-0447, Judge O'Diam seeks a writ of mandamus to enforce his orders.
{¶ 2} Judge O'Diam has filed a motion to dismiss this case. Also, the Ohio Association of Probate Judges has filed a motion for leave to file an amicus curiae memorandum in support of Judge O'Diam's motion to dismiss, and the two judges of the general division of the Greene County Court of Common Pleas have filed a motion to intervene as relators.
{¶ 3} Judge O'Diam engaged in a year-long effort to persuade the board and the general-division judges that the probate division needs a full-sized courtroom dedicated to its proceedings. That effort was not successful, and on March 5, 2018, Judge O'Diam issued an order setting forth the following mandates:
{¶ 4} In response, on March 6, 2018, the general-division judges entered an order that expressed their intent "to maintain sole and exclusive management of the lower area of the Greene County Courthouse [which is where Courtroom 3 is located] for use by the General Division and benefit of other agencies."
{¶ 5} The board met on March 8 and considered the two conflicting orders. After an executive session, the board passed Resolution No. 18-3-8-26, which directed the county administrator to construct office space and a courtroom for the probate division, paid for from the county's general fund, in the lower level of the Juvenile Justice Center building.
{¶ 6} On March 13, 2018, Judge O'Diam issued an order declaring the board's March 8 resolution void, ordering that the resolution be rescinded, and enjoining the board from taking any action in furtherance of it.
{¶ 7} The board and the county then filed the instant action, seeking a writ of prohibition preventing Judge O'Diam from enforcing his March 5 and 13 orders and prohibiting him from issuing further orders in the matter. As mentioned previously herein, Judge O'Diam has filed a motion to dismiss.
The motion for leave to file an amicus curiae memorandum
{¶ 8} The Ohio Association of Probate Judges seeks leave to file an amicus curiae memorandum in support of Judge O'Diam's motion to dismiss and has filed a proposed memorandum. Although S.Ct.Prac.R. 16.06 authorizes the filing of amicus briefs without leave of court, that authorization does not extend to "memoranda before an alternative writ is granted." State ex rel. Duke Energy Ohio, Inc. v. Hamilton Cty. Court of Common Pleas , 126 Ohio St.3d 41, 2010-Ohio-2450, 930 N.E.2d 299, ¶ 11. Thus, it was proper for the probate judges' association to seek leave. The motion is unopposed, and we hereby grant it.
The motion to intervene
{¶ 9} The general-division judges filed a motion to intervene as relators in this case, along with a proposed complaint. Judge O'Diam filed a memorandum opposing intervention, asserting that the general-division judges' motion was untimely and that the board adequately represents the interest of the general-division judges as relators in this prohibition case.
{¶ 10} Civ.R. 24(A)(2) provides that upon "timely application," anyone shall be permitted to intervene in a cause of action, "when the applicant claims an interest relating to the property or transaction that is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties." And Civ.R. 24(B)(2) allows a court to permit an applicant's intervention based on a showing that the applicant's claim or defense has a question of law or fact in common with the "main action." In exercising its discretion, the court "shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties."
{¶ 11} Although the general-division judges incontestably possess an interest in preventing the enforcement of Judge O'Diam's orders, and although obtaining a writ of prohibition would help them retain control of Courtroom 3, Judge O'Diam's mandamus case (Supreme Court case No. 2018-0447, in which the general-division judges also seek to intervene) provides the opportunity for them to assert both jurisdictional and substantive defenses against the enforcement of Judge O'Diam's orders. Moreover, for purposes of asserting that Judge O'Diam lacked jurisdiction to issue his orders, relators adequately represent the general-division judges' interest.
{¶ 12} The complaint and exhibits show that the board, whose resolution directs the renovation of space for the probate division in the Juvenile Justice Center building, has taken the same position as the general-division judges and is seeking to keep Judge O'Diam from enforcing his orders. Thus, relators seek the same ultimate goal as the general-division judges. See Clarke v. Warren Cty. Commrs. , 12th Dist. Warren No. CA2000-01-009, 2000 WL 1336684, *3 (Sept. 18, 2000), quoting Nationwide Mut. Ins. Co. v. Clow , 1st Dist. Hamilton No. C-910511, 1992 WL 247551, *2 (Sept. 30, 1992) ().
{¶ 13} Additionally, in this case, it is the board, not the general division, that could be held in contempt of Judge O'Diam's order, and the board has both the full incentive and no less capability to advance the strictly legal arguments in support of prohibition. Because relators adequately represent the interest of the general-division judges, we deny intervention of right under Civ.R. 24(A).
{¶ 14} We exercise our discretion to also deny permissive intervention under Civ.R. 24(B). The issues in Judge O'Diam's motion to dismiss the complaint have been fully briefed, and granting intervention at this juncture would impose further delay because Judge O'Diam would need to be given the opportunity to respond to the proposed intervenors' complaint. We hold that granting intervention under these circumstances would unduly delay our adjudication of this matter.
The motion to dismiss
{¶ 15} Judge O'Diam has moved to dismiss the complaint for a writ of prohibition. "Dismissal of [a] prohibition complaint for failure to state a claim upon which relief can be granted is appropriate if, after presuming the truth of all factual allegations of the complaint and making all reasonable inferences in [the relator's] favor, it appears beyond doubt that he can prove no set of facts entitling him to the requested extraordinary writ of prohibition." State ex rel. Hemsley v. Unruh , 128 Ohio St.3d 307, 2011-Ohio-226, 943 N.E.2d 1014, ¶ 8.
{¶ 16} To demonstrate entitlement to a writ of prohibition, relators must show (1) that Judge O'Diam has exercised judicial power, (2) that his exercise of judicial power is unauthorized by law, and (3) that denying the writ would result in injury for which no other adequate remedy exists in the ordinary course of law. See State ex rel. Richland Cty. Children Servs. v. Richland Cty. Court of Common Pleas , 152 Ohio St.3d 421, 2017-Ohio-9160, 97 N.E.3d 429, ¶ 8. Because the first element is undisputedly met, we turn to the question whether Judge O'Diam's exercise of judicial power was unauthorized by law.
{¶ 17} Judge O'Diam relies on case law establishing that "[c]ommon pleas courts and their divisions possess inherent authority to order...
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