2019 Ohio 1853
Ohio2019Background
- Louis Husband, incarcerated after 2006 convictions, sought court records relating to his case in 2016.
- He filed motions in the trial court to inspect and obtain records under R.C. 149.43; Judge Shanahan denied them, directing him to the clerk of courts for publicly available material.
- In January 2018 Husband filed a mandamus petition in the First District Court of Appeals to compel Judge Shanahan to produce the records; the court of appeals dismissed the petition.
- The court of appeals held Husband was subject to R.C. 149.43(B)(8), requiring a sentencing-court determination that records are necessary to support a justiciable claim before release to an incarcerated requester.
- The Ohio Supreme Court affirmed the dismissal, but clarified that requests for court records are governed procedurally by the Rules of Superintendence (Sup.R. 44–47), rather than by the Public Records Act; nonetheless, it declined to reverse the judgment because the result was correct.
Issues
| Issue | Husband's Argument | Shanahan's Argument | Held |
|---|---|---|---|
| Whether an incarcerated person may obtain court records without a sentencing-court release | Husband sought records under R.C. 149.43 and argued entitlement to inspect public records | Court (and appellee) relied on R.C. 149.43(B)(8) to require sentencing-court release before disclosure to an incarcerated requester | Affirmed dismissal: Rules of Superintendence govern court-record requests procedurally, and an incarcerated requester seeking records covered by R.C. 149.43(B)(8) must obtain the sentencing court’s release before disclosure |
Key Cases Cited
- State ex rel. Richfield v. Laria, 138 Ohio St.3d 168, 2014-Ohio-243, 4 N.E.3d 1040 (Rules of Superintendence are the sole vehicle for obtaining court records after July 1, 2009)
- State ex rel. McKinney v. Schmenk, 152 Ohio St.3d 70, 2017-Ohio-9183, 92 N.E.3d 871 (standard of review for Civ.R. 12(B)(6) dismissals in mandamus actions)
- State ex rel. Fernbach v. Brush, 133 Ohio St.3d 151, 2012-Ohio-4214, 976 N.E.2d 889 (inmate denied public-records relief for failing to obtain sentencing-court release under R.C. 149.43(B)(8))
- Rhodes v. New Philadelphia, 129 Ohio St.3d 304, 2011-Ohio-3279, 951 N.E.2d 782 (Public Records Act grants substantive right to inspect and copy public records)