State ex rel. Walker v. Ryan, 108890

• Court: United States Court of Appeals (Ohio)
• Writing for the Court: FRANK D. CELEBREZZE, JR., J.
• Citation: 2019 Ohio 4469
• Parties: STATE OF OHIO, EX REL. GREGORY WALKER, Relator, v. JUDGE MICHAEL J. RYAN, Respondent.
• Docket Number: No. 108890,108890
• Decision Date: 29 October 2019

2019 Ohio 4469

STATE OF OHIO, EX REL. GREGORY WALKER, Relator,
v.
JUDGE MICHAEL J. RYAN, Respondent.

No. 108890

COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

October 29, 2019

JOURNAL ENTRY AND OPINION

JUDGMENT: COMPLAINT DENIED

Writs of Prohibition and Mandamus
Motion No. 532305
Order No. 532588

Appearances:

Gregory Walker, pro se.

Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent.

FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Gregory Walker has filed a complaint through which he seeks a writ of prohibition and a writ of mandamus. Walker, through his complaint for a writ of prohibition, argues that Judge Michael J. Ryan does not possess statutory

Page 2

jurisdiction to preside over the juvenile proceedings initiated in In re: M.H., Cuyahoga C.P., Juvenile Division No. DL19104786. In addition, Walker seeks a writ of mandamus to compel Judge Ryan to transfer Walker from prison in order to be present at all proceedings in DL19104786, compel Judge Ryan to appoint legal counsel to represent Walker during all juvenile proceedings in DL19104786, and compel Judge Ryan to allow Walker to provide counsel to his daughter, M.H., during all juvenile proceedings in DL19104786. Judge Ryan has filed a Civ.R. 56(C) motion for summary judgment that is granted for the following reasons.

I. FACTS

{¶ 2} In April 2019, Walker's daughter was charged by complaint in the Cuyahoga C.P. Juvenile Court with one count of domestic violence, a violation of R.C. 2919.25(A), and one count of domestic violence, a violation of R.C. 2919.25(C). On April 23, 2019, a hearing was conducted before a magistrate wherein M.H. was appointed a public defender and a guardian ad litem. M.H. denied the allegations of the complaint.

{¶ 3} On June 7, 2019, Walker filed an "omnibus motion for relief through which he requested conveyance from the Warren Correctional Institution to the Cuyahoga County Juvenile Court in order to attend M.H.'s trial and to also counsel M.H. during the course of her trial.¹ In addition, Walker sought the appointment of

Page 3

legal counsel when attending any juvenile proceedings held with regard to his daughter. On June 13, 2019, a magistrate of the Cuyahoga County Juvenile Court denied Walker's "omnibus motion for relief."

{¶ 4} On August 13, 2019, Walker filed his complaint for a writ of prohibition and a writ of mandamus. On August 28, 2019, Walker's daughter withdrew her former plea of denial and admitted the allegations of the complaint for two counts of domestic violence. A dispositional hearing was scheduled for October 29, 2019. On September 4, 2019, Judge Ryan filed a motion for summary judgment that is granted for the following reasons.

II. LEGAL ANALYSIS

A. Complaint for Writ of Prohibition

{¶ 5} Walker, through his complaint for a writ of prohibition, argues that Judge Ryan does not possess the necessary jurisdiction to proceed to an adjudication with regard to his daughter's pending juvenile action. In order for this court to issue a writ of prohibition, Walker must establish that: 1) Judge Ryan is about to exercise judicial or quasi-judicial power; 2) the exercise of judicial power by Judge Ryan is unauthorized by law; and 3) there exists no remedy in the ordinary course of the law. State ex rel. White v. Junkin, 80 Ohio St.3d 335, 1997-Ohio-340, 686 N.E.2d 267; State ex rel. Estate of Nichols v. Russo, 8th Dist. Cuyahoga No. 107508, 2018-Ohio-3416.

{¶ 6} In the absence of a patent and unambiguous lack of jurisdiction, a court exercising general subject-matter jurisdiction can determine its own

Page 4

jurisdiction and any party contesting the jurisdiction of a court possesses an adequate remedy through an appeal. State ex rel. Jean-Baptiste v. Kirsch, 134 Ohio St.3d 421, 2012-Ohio-5697, 983 N.E.2d 302. To constitute an adequate remedy, the remedy must be "complete, beneficial, and speedy." State ex rel. Ullmann v. Hayes, 103 Ohio St.3d 405, 2004-Ohio-5469, 816 N.E.2d 245, ¶ 8. "[C]ontentions that appeal from any subsequent adverse final judgment would be inadequate due to time and expense are without merit." State ex rel. Lyons v. Zaleski, 75 Ohio St.3d 623, 626, 665 N.E.2d 212 (1996), citing Whitehall ex rel. Wolfe v. Ohio Civ. Rights Comm., 74 Ohio St.3d 120, 124, 656 N.E.2d 684 (1995); State ex rel. Gillivan v. Ohio Bd. of Tax Appeals, 70 Ohio St.3d 196, 638 N.E.2d 74 (1994).

{¶ 7} Herein, Judge Ryan and the Cuyahoga County Juvenile Court possess the basic statutory jurisdiction, pursuant to R.C. 2151.23(A)(1), to preside over and adjudicate the claims of delinquency brought against Walker's daughter in DL-19104786. State ex rel. N.A. v. Cross, 125 Ohio St.3d 6, 2010-Ohio-1471, 925 N.E.2d 614. In addition, Walker possesses an adequate remedy at law through a direct appeal, once Judge Ryan has adjudicated the pending juvenile proceeding. State ex rel. Willacy v. Smith, 78 Ohio St.3d 47, 676 N.E.2d 109 (1997). Walker has failed to establish that he is entitled to a writ of prohibition.

B. Complaint for Writ of Mandamus

{¶ 8} Walker, through his complaint for a writ of mandamus, seeks an order from this court that requires Judge Ryan to convey Walker from prison so that he can attend his daughter's trial and adjudication proceedings and "counsel his

Page 5

child, cross-examine witnesses, and move to withdraw M.H.'s guilty plea." In addition, upon conveyance from prison, Walker seeks the appointment of legal counsel on his behalf while attending his daughter's trial and adjudication proceedings.

{¶ 9} In order to obtain a writ of mandamus, Walker must establish that: 1) he possesses a clear legal right to the requested relief; 2) Judge Ryan possesses a clear legal duty to provide the...