The Ohio Supreme Court has assigned a three-judge panel to hear the case involving Geauga County GOP Chairwoman Nancy McArthur and county Juvenile Court Judge Tim Grendell.
On March 13, Tim Cannon, the presiding and administrative judge of the 11th District Court of Appeals, wrote to Ohio Supreme Court Chief Justice Maureen O’Connor to request “a panel of judges from outside our district be appointed to hear the case.”
Cannon said his decision to request a visiting panel of judges was based on his review of the case and recent related filing with the eligible judges on the 11th District.
O’Connor has appointed appellate court judges William Andrew Klatt, of the 10th District Court of Appeals, in Columbus, Sean C. Gallagher, of the 8th District Court of Appeals, in Cleveland, and Patrick Martin McGrath, a retired judge of the 10th appellate district, to hear the case.
McGrath currently is the only sitting judge on the Ohio Court of Claims in Columbus.
“While I have confidence in the fairness and objectivity of the remaining three judges on the 11th District Appellate Court, I welcome the opportunity to demonstrate the meritless nature of the pending prohibition action filed against the juvenile court by Ms. McArthur to the three distinguished judges appointed by the Ohio Supreme Court,” Grendell said in an email statement to the Geauga County Maple Leaf on Tuesday.
On March 4, 11th District Court of Appeals Judge Colleen O’Toole voluntarily agreed to remove herself from the case.
Earlier, on Feb. 12, Grendell formally asked the Ohio Supreme Court to disqualify O’Toole from the case. He alleged, among other things, that O’Toole had a “significant personal, political and professional” relationship with McArthur.
He also suggested that O’Toole might run for the Ohio Supreme Court and would likely seek the support of the Geauga County GOP.
In her 16-page judgment entry recusing herself, O’Toole said her decision was based on a desire to “avoid any further distraction and delay, not only in the case pending in this court, but also of the contempt proceeding pending below.”
She also said she wanted to maintain civility among the judges of the 11th District. Grendell’s wife, Diane, also sits on the 11th District.
“Additionally, I have absolute faith that the remaining judges on this court, or any that are assigned by the supreme court to this matter, are able to render an equitable and just ruling in this case,” O’Toole said in her filing.
However, the actions of Grendell and his wife have complicated the matter, O’Toole said.
First, O’Toole said she was concerned about a conversation Grendell allegedly had with a paralegal in the 11th District after the court granted McArthur emergency relief from a Dec. 31 order summoning McArthur to appear in Grendell’s court for a contempt of court hearing.
O’Toole said Grendell told the paralegal that O’Toole should remove herself from the McArthur case due to McArthur’s position as chairwoman of the Geauga County Republican Party. O’Toole said her administrative assistant was present during the call.
In her judgment entry, O’Toole said she was “concerned that the conversation between Judge Timothy J. Grendell and our court could be construed as ex parte and could give the appearance of impropriety or favoritism to Judge Timothy J. Grendell and lead to the filing of a grievance by Ms. McArthur.”
Second, O’Toole expressed concern about a letter to the editor Grendell submitted to the Plain Dealer newspaper during the pendency of the McArthur case.
Grendell copied all of the judges on the 11th District with his letter, which O’Toole said addressed issues in the underlying Geauga County Juvenile Court case.
A source familiar with Grendell’s letter told the Geauga County Maple Leaf that he intended to copy judges across Ohio with his letter, including all appellate court judges.
On Tuesday, Grendell confirmed to the Maple Leaf that he did, in fact, send his letter to judges in Ohio.
“On Feb. 23, 2015, the Ohio Supreme Court’s electronic ‘Ohio Daily Digest Bulletin’ disseminated to Ohio judges a weblink to The Plain Dealer’s misleading and factually and legally erroneous editorial,” Grendell said. “Since the Ohio Supreme Court’s communication process apparently does not include a similar weblink to letters responding to such editorials, I forwarded a copy of my letter responding to the Plain Dealer’s misleading and inaccurate editorial to all of my fellow judges in Ohio. This was the only way that I could assure that every judge who went to the weblink provided through the supreme court’s email also had access to my response.
“This action was consistent with my First Amendment constitutional rights and all ethical standards. I personally paid for the letters, envelopes and postage. There was nothing ‘ex parte’ about my exercise of my First Amendment rights.
“Moreover, since my letter ultimately was published in The Plain Dealer there can be no issue as to a falsely alleged ex parte communication.
“Additionally, a copy of the letter was sent to counsel for McArthur at the same time; therefore, as a matter of law, the communication was not ‘ex parte.'”
Ute Lindenmaier Vilfroy, court administrator for the 8th District, confirmed to the Maple Leaf that the judges in her court received a copy of Grendell’s letter. While she did not know whether Judge Sean Gallagher read it, she did state several judges told her they were “not happy” they received it and didn’t feel it was “appropriate.”
Doug Eaton, court administrator for the 10th District, said he had not seen Grendell’s letter and none of the judges had mentioned receiving it. He told the Maple Leaf, however, the court had received a telephone call from the Ohio Supreme Court on Tuesday inquiring into the matter.
Mark Reed, clerk of the Ohio Court of Claims, was not available on Tuesday.
A telephone call to McArthur’s lawyer, Nancy Schuster, seeking comment has not yet been returned.