2011 Ohio 1021
Ohio Ct. App.2011Background
- Relator seeks writ of mandamus against Clerk Smith and Respondent Frary re public-records and custody of court-record items; requests concerned recordings, evidence, docket, and transfer certification related to case 2006 CVH 3913; case was transferred from Mansfield Municipal Court to Richland County Court of Common Pleas due to jurisdiction; clerk advised not custodian of recordings/evidence and that file was transferred; requests were made December 2, 2009 (oral) and December 4, 2009 (written) and included a statement that all cases were transferred to the county; Relator argues clerk’s actions violated R.C. 149.43 and proper filing procedures; Relator seeks mandamus relief and statutory damages/attorney fees; court denied writs on all asserted grounds.
- Respondent Smith provided a written explanation for denial and stated records had been transferred; Relator failed to prove possession of requested records at time of request; items deemed not all public records or not in Smith’s possession; some items may not exist; respondents are not required to create or provide access to nonexistent records.
- Complaints about certification and transfer authority: transfer of case to common pleas governed by civil rules rather than appellate rules; Relator not a party and lacks standing to challenge transfer; underlying parties had an adequate remedy; court affirmed denial of this claim.
- Relator, pro se, is not entitled to attorney fees under R.C. 149.43; no judgment favorable to Relator; costs awarded to Relator per judgment entry
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clerk failed to date/time-stamp filings | Striker | Smith | Denied mandamus |
| Whether clerk violated public-records disclosure by denying items | Striker | Smith provided written justification; some items not public records or not in possession | Denied mandamus on public-records claim |
| Whether certification was required before transferring the file | Striker | Transfer governed by civil rules; Relator not a party; remedy available to underlying parties | Denied mandamus |
| Whether Relator entitled to damages/attorney fees | Striker | Pro se not entitled to fees under statute | Denied |
Key Cases Cited
- State ex rel. Glasgow v. Jones, 119 Ohio St.3d 391, 894 N.E.2d 686 (Ohio, 2008) (Ohio 2008) (Public-records remedy not barred by lack of adequate private remedy; requires compliance with R.C. 149.43)
- State ex rel. Bardwell v. Cleveland State Univ., 2008-Ohio-2819 (Ohio App. 8 Dist. 2008) (Relator not entitled to relief where no evidence of duty or records; existence of records contested)
- State ex rel. Lanham v. Smith, 112 Ohio St.3d 527, 861 N.E.2d 530 (Ohio 2007) (Ohio 2007) (Public records; Respondents have no duty to create/nonexistent records)
- State ex rel. Ohio Patrolmen's Benevolent Assn. v. Mentor, 89 Ohio St.3d 440, 732 N.E.2d 969 (2000) (Ohio 2000) (Public-records obligations and limitations on access)
- State ex rel. Master v. Cleveland, 75 Ohio St.3d 23, 661 N.E.2d 180 (1996) (Ohio 1996) (Mandamus elements require clear legal right and duty, and no adequate remedy)
- State ex rel. Thomas v. Ohio State Univ., 71 Ohio St.3d 245, 643 N.E.2d 126 (1994) (Ohio 1994) (Pro se status; fee entitlement under R.C. 149.43 denied)