Ohio Supreme Court, 1999

Ohio State Bar Ass'n v. Shattuck

Ohio Supreme Court · Decided April 7, 1999 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

85 Ohio St. 3d 334; 708 N.E.2d 199

Cases that cite this one

3 later published cases cite this decision.

Supreme Court of Ohio v. Bertche (In re Bertsche) (United States Bankruptcy Court, S.D. Ohio 2000)
Pheils v. Ok Sun Palmer, Unpublished Decision (3-01-2002) (Ohio Ct. App. 2002)
Ohio State Bar Assn. v. Shattuck (Ohio 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

We held in Schucker v. Metcalf (1986), 22 Ohio St.3d 33, 36-37, 22 OBR 27, 30-31, 488 N.E.2d 210, 213-214, that a judge may be transferred *336from one division of the common pleas court to another only by the Chief Justice under the authority of R.C. 2503.04 or by the presiding judge of the common pleas court under authority of C.P.Sup.R. 2- (now Sup.R. 3). The findings of the board indicate that respondent was not so transferred. Instead, respondent exercised authority over the Perry case on the basis of what he thought was a legitimate longstanding informal transfer process in effect in Greene County and the asserted tacit approval of the judge to whom the case was assigned.

Given the unique facts of this case, we conclude that no disciplinary action is warranted. Accordingly, this matter ought to be and hereby is dismissed.

Judgment accordingly.

Douglas, Resnick, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur. Moyer, C.J., and Cook, J., dissent.

Dissenting Opinion

Cook, J.,

dissenting. I agree with the recommendation of the panel and the board that respondent be publicly reprimanded.

Moyer, C.J., concurs in the foregoing dissenting opinion.

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