June 17, 2010
Attorney General to Provide Representation to Appeals Courts, Judges
Starting today, state appellate courts and their judges will be able to turn to the Ohio Attorney General’s Office to defend against non-monetary civil lawsuits.
The changes were implemented under House Bill 10, which was signed into law on March 17 and becomes effective today. The Attorney General’s Office will also provide representation to appeals court employees regardless of whether monetary relief is requested.
In a letter distributed this week to appellate courts statewide, the Attorney General notes that “any cases seeking only equitable relief (e.g., writs of mandamus or procedendo) and filed against Appellate Court Judges will be handled by the Constitutional Offices Section of the Ohio Attorney General’s Office.”
The letter directs courts of appeals to contact the Attorney General if the need arises for representation to defend litigation or potential litigation by phone at 614.466.2872 or by email at courtsofappealshelp@ohioattorneygeneral.gov.
Courts of appeals with ongoing non-monetary cases or cases involving personnel being handled by county prosecutors or staff are asked to notify the Attorney General, according to the letter. “They will work with you to determine, on a case-by-case basis, whether the case should be transferred to the Attorney General’s Office, and if so, the manner and timing of such a transfer.”
The letter also distinguishes between non-monetary and monetary cases: “Your representation in lawsuits asking for monetary damages filed against Courts of Appeals and judges of those courts will continue to be handled by counsel contracted with the courts’ insurance carrier for those purposes.”
Questions should be directed to Allan Asbury, Supreme Court of Ohio Administrative Counsel, at 614.387.9514 or Damian Sikora, Constitutional Offices Assistant Chief, at 614.466.2872.
Contact: Chris Davey or Bret Crow, 614.387.9250.