Oct. 12, 2010
Fifth District Judge Hears Supreme Court Case
Judge W. Scott Gwin of the Fifth District Court of Appeals served as a visiting judge on the Supreme Court of Ohio today and heard oral arguments in an Allen County case.
Judge Gwin was selected by Chief Justice Eric Brown to sit in place of Justice Maureen O’Connor,who recused herself from Geesaman v. St. Rita’s Medical Center (Case No. 2009-1715).
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 Geesaman case involves whether a trial court erred by refusing to instruct the jury on the “loss of chance” theory in a medical malpractice case.
First elected to the appeals court in 1988, Judge Gwin has been re-elected three times. He has served multiple years as presiding judge and administrative judge for the court. He served two three-year terms on the Supreme Court’s Board of Commissioners on Grievances and Discipline and continues to serve as a master commissioner on the board. He has also held several officer positions with the Ohio Courts of Appeals Judges Association. Judge Gwin earned his law degree from the Akron University School of Law.
“It is a great honor and privilege to be selected by the Chief Justice to serve the court,” said Judge Gwin.
The Fifth District Court of Appeals serves Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark and Tuscarawas counties. It 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 of Ohio since March 2004 is available at http://www.supremecourt.ohio.gov/videostream.
For a high-resolution, print-quality photo of Judge Gwin, visit: http://www.supremecourt.ohio.gov/PIO/news/2010/gwinHR.zip.
Contact: Chris Davey or Bret Crow at 614.387.9250.