2023 Ohio 1165
Ohio2023Background
- Relator: Summit County Republican Party Executive Committee; Respondent: Ohio Secretary of State Frank LaRose.
- In 2021 the Ohio Supreme Court granted a writ of mandamus directing LaRose to reappoint Bryan C. Williams to the Summit County Board of Elections, finding LaRose abused his discretion.
- More than a year later the committee moved for over $69,000 in attorney fees, arguing LaRose acted in bad faith when he rejected the committee’s recommendation to reappoint Williams.
- The committee emphasized that LaRose’s written explanation alone sought a vague “cultural change” (unlike other rejections that cited individualized allegations) and argued political hostility toward Williams.
- The committee also claimed severe and lasting consequences from LaRose’s action.
- The court denied the fee motion, holding the committee failed to prove LaRose acted with the dishonest purpose or ulterior motive required to establish bad faith.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LaRose acted in "bad faith" when he rejected the committee’s recommendation, allowing an award of attorney fees | The committee: prior mandamus and LaRose’s vague explanation show dishonesty/ulterior motive | LaRose: the court’s prior ruling showed abuse of discretion only; no evidence of conscious wrongdoing or ill will | Denied — committee failed to show bad faith; abuse of discretion alone is insufficient |
| Whether alleged reputational and other harms justify awarding fees | The committee: LaRose’s decision caused severe, long-lasting harm warranting fees | LaRose: alleged harms do not prove bad faith; reputational harm primarily affected Williams, not the committee | Denied — claimed harms do not establish bad faith or justify fees |
Key Cases Cited
- State ex rel. Kabatek v. Stackhouse, 6 Ohio St.3d 55 (1983) (attorney fees in mandamus are available only when the losing party acted in bad faith)
- State ex rel. Grumbles v. Delaware Cty. Bd. of Elections, 165 Ohio St.3d 552 (2021) (to recover fees, a party must show more than negligence or poor judgment)
- State ex rel. McDougald v. Greene, 161 Ohio St.3d 130 (2020) ("bad faith" requires dishonest purpose, conscious wrongdoing, or an ulterior motive)
- State ex rel. Summit Cty. Republican Party Exec. Commt. v. LaRose, 165 Ohio St.3d 185 (2021) (prior mandamus decision finding LaRose abused his discretion in rejecting Williams)