July 6, 2010
Appeals Court Judges Hear Supreme Court Case
Judge Sean C. Gallagher of the Eighth District Court of Appeals and Judge William H. Harsha of the Fourth District Court of Appeals served as visiting judges on the Supreme Court of Ohio today.
Judge Gallagher was selected to sit in place of Chief Justice Eric Brown and Judge Harsha was selected to sit in place of Justice Robert R. Cupp,who recused themselves from Bd. of Trustees of the Tobacco Use Prevention and Control Foundation v. Boyce (Case No. 2010-0118).
According to the Ohio Constitution, in the event of a recusal by a Justice, the Chief Justice or the Acting Chief Justice of the Supreme Court can select any of the 69 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.
The Boyce case involves whether the Ohio General Assembly violated the Constitution by diverting foundation proceeds to pay for non-tobacco related expenditures.
Judge Gallagher has sat on the Eighth District Court of Appeals since 2002. Previously, he served on the Cleveland Municipal Court from 1997 to 2002 and was an assistant prosecuting attorney for Cuyahoga County from 1991 to 1997. He also has served as president of the Northern Ohio Municipal Judges Association, instructor for the Supreme Court’s Judicial College, and member of the Ohio Judicial Conference Criminal Law and Procedure Committee and Supreme Court Rules Advisory Committee. Judge Gallagher received his law degree from Cleveland-Marshall College of Law.
Judge Harsha has sat on the Fourth District Court of Appeals since 1989. He worked as a law clerk in 1980 before starting his own private practice in 1982. After three years in private practice, he served as the prosecuting attorney for Pickaway County for four years. Judge Harsha is a member of the Ohio Academy of Trial Lawyers, the American Judicature Society, and the American Bar Association and Ohio State Bar Association. He is a graduate of the Thomas M. Cooley Law School.
Both judges previously served as visiting judges on the Supreme Court in 2006.
“I have served as a visiting judge several times and it is always a great honor,” Judge Harsha said.
Judge Gallagher echoed that statement. “It’s always a memorable experience to join the Supreme Court Justices on deciding a case as a temporary member of the state’s court of last resort.”
The Eighth District Court of Appeals serves Cuyahoga County, and hears cases from county, municipal and common pleas courts as well as original actions in habeas corpus, mandamus, prohibition, procedendo and quo warranto.
The Fourth District Court of Appeals serves 14 counties in southern and southeastern Ohio, and hears cases from county, municipal and common pleas courts as well as original actions in habeas corpus, mandamus, prohibition, procedendo and quo warranto.
Archived video of this case and every case argued before the Supreme Court since March 2004 is available at: http://www.supremecourt.ohio.gov/videostream.
For a high-resolution, print-quality photo of Judge Gallagher, visit: http://www.supremecourt.ohio.gov/PIO/news/2010/gallagher_highres.zip.
For a high-resolution, print-quality photo of Judge Harsha, visit: http://www.supremecourt.ohio.gov/PIO/news/2010/harsha_highres.zip.
Contact: Chris Davey or Bret Crow at 614.387.9250.