State ex rel. Cincinnati Enquirer v. Hunter (Slip Opinion)
24 N.E.3d 1170
Ohio2014Background
- In Dec. 2012 a Cincinnati Enquirer reporter requested the Hamilton County Juvenile Court docket entries showing cases Judge Tracie Hunter presided over for Dec. 1–31, 2012.
- The juvenile-court administrator provided the docket but redacted juveniles’ full names to initials; the Enquirer demanded unredacted records.
- The Enquirer filed a mandamus action in the First District Court of Appeals seeking an order compelling disclosure of the juveniles’ names.
- The court administrator moved to substitute Judge Hunter as respondent; the court of appeals granted substitution and ordered Hunter to produce unredacted dockets.
- Hunter appealed to the Ohio Supreme Court; while the appeal was pending the Court disqualified Hunter from acting as a judge, and she no longer controlled the December 2012 docket or records.
- The Ohio Supreme Court dismissed the appeal as moot because Hunter lacked the authority to provide the requested relief and the controversy was no longer live.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Judge Hunter can be compelled to produce unredacted juvenile names on her Dec. 2012 docket | The Enquirer argued the public has a right to access the unredacted docket entries; mandamus should compel disclosure | Hunter (as substituted respondent) opposed production; procedural attack also raised on proper respondent | Court did not decide the merits; appeal dismissed as moot because Hunter no longer controlled the records and therefore could not grant relief |
| Whether the appeal presented a live controversy | Enquirer maintained dispute remained live and review was appropriate | Hunter argued that circumstances changed so relief could not be provided by her | Court held no live controversy existed; case became hypothetical/academic and was moot |
Key Cases Cited
- In re Disqualification of Hunter, 137 Ohio St.3d 1467 (2014) (court disqualified Judge Hunter under Gov.Jud.R. III(6)(A))
- In re L.W., 168 Ohio App.3d 613 (2006) (describing test for mootness; issues are moot when they no longer present a genuine, live controversy)
- Culver v. Warren, 84 Ohio App. 373 (1948) (quoted definition and discussion of mootness)
