State Ex Rel. Whitehead v. Sandusky County Board of Commissioners
979 N.E.2d 1193
Ohio2012Background
- HB 509 abolishes the Sandusky County Court and creates a Sandusky County Municipal Court effective Jan. 1, 2013.
- The two current part-time county court judges were to serve as part-time judges of the new municipal court for a one-year 2013 term.
- A 2013 election for the full 6-year term was to be held in November 2013.
- HB 509 also amended procedures and timing for elections and the appointment of judges for the new court.
- Appellants sought to declare HB 509 unconstitutional, block funding, and compel election timing for the county court seats in 2012.
- The court of appeals ordered a special 2013 election for a one-year municipal-judge term, which this court reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of appointing county court judges to municipal court for 2013 | Whitehead: HB 509 unconstitutional because appointing judges violates the constitution | Sandusky County Board/AG: statute valid as part of reorganizing courts | Unconstitutional as to appointment (inseparable from other provisions) |
| Severability of the unconstitutional portion | Whitehead: severance cannot save unconstitutional part | Appellees: severance should preserve constitutional parts | Unseverable; entire portion addressing abolition/creation inseparable and void |
| Proper mandamus relief for election timing | Whitehead: should mandamus compel November 2012 county-court election | Board/Commissioners: severed provisions misapplied; cannot alter statute | Writ granted for November 6, 2012 county-court election; special 2013 election improper |
| Prohibition and attorney-fee claims | Whitehead: prohibition warranted to block funding of municipal court | Respondents: lack of jurisdiction to prohibit funding | Prohibition denied; attorney-fee claims denied |
Key Cases Cited
- Geiger v. Geiger, 117 Ohio St. 451 (1927) (Geiger severance framework; three-part test)
- State v. Foster, 109 Ohio St.3d 1 (2006) (three-part severance standard for preserving constitutional parts)
- Franklin Cty. Bd. of Elections v. State ex rel. Schneider, 128 Ohio St.3d 273 (2010) (inseparability governs severance; whole must fall if inseparable)
- State ex rel. Steffen v. Court of Appeals, First Appellate Dist., 126 Ohio St.3d 405 (2010) (forbids adding nonexistent provisions to statute in mandamus context)
- Schneider (State ex rel. Schneider), 128 Ohio St.3d 273 (2010) (inseparability and severance precedent applied to HB 509)