2013 Ohio 4948
Ohio Ct. App.2013Background
- Parisi filed a petition for a writ of mandamus seeking public-records related to a 2011 grievance against her by the Montgomery County Prosecuting Attorney.
- She sought grand jury subpoenas (including Parisi’s National City account), all subpoenas, respondent’s work product, LEADS documents, and timing details of subpoenas and investigations.
- Respondent moved to dismiss for failure to state a claim under Civ.R. 12(B)(6); Parisi responded and Respondent replied.
- The court held grand jury subpoenas are exempt from disclosure under Crim.R. 6(E) to preserve secrecy of grand jury proceedings.
- Work-product materials related to the grievance are exempt under Gov.Bar R V(11)(E)(1) and Civ.R. 26(B)(3) does not override public-records disclosure when records are otherwise public.
- LEADS data are generally exempt under R.C. 149.43(A)(1); information requests lacking identifiable documents are not enforceable by mandamus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must grand jury subpoenas be disclosed? | Parisi seeks subpoenas for public inspection. | Subpoenas are exempt under Crim.R. 6(E). | Exempt; subpoenas not disclosed. |
| Are work-product materials disclosed under public-records law? | Parisi seeks work-product related to a grievance. | Work product exempt under Civ.R. 26(B)(3) and Gov.Bar R V(11)(E)(1). | Exempt; production denied. |
| Are LEADS documents subject to public disclosure? | Parisi requests LEADS data from an investigation. | LEADS data are generally exempt and access restricted. | Exempt; production denied. |
| Can mandamus compel disclosure of information about when subpoenas were issued and investigations began/ended? | Parisi seeks timing information and related records. | Not a specific document; asks for information, not records. | Not enforceable via mandamus; petition dismissed. |
Key Cases Cited
- State ex rel. Blandin v. Beck, 114 Ohio St.3d 455 (2007-Ohio-4562) (public-records exemptions in mandamus context)
- State ex rel. Waters v. Beacon Journal Publ’g Co., 67 Ohio St.3d 321 (1993-Ohio-321) (Crim.R. 6(E) secrecy preserves grand jury material)
- State ex rel. McCaffrey v. Mahoning Cty. Prosecutor's Office, 133 Ohio St.3d 139 (2012-Ohio-4246) (private nature of grievance-related materials)
- 63 Ohio St.2d 212, 407 N.E.2d 513, Petition for Disclosure of Evidence (1980-Ohio) (supervisory court approach to potentially release grand jury material)