State ex rel. Chatfield v. Flautt

Mar 28, 2012
2011-1687
Versions:

with the condition of the stay, the stay will be lifted and he will serve the full two-year suspension. In applying for reinstatement, Malynn must submit evidence that he completed a mental-health evaluation and followed all resulting treatment recommendations and must provide proof to a reasonable degree of medical certainty that he is competent to return to the ethical, professional practice of law. Costs are taxed to Malynn.

Judgment accordingly.

O‘CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O‘DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

The Bailey Law Firm, Steve C. Bailey, Beau A. Schultz, and William E. Steiger, for relator.

Stephen J. Brown, for respondent.

[Cite as State ex rel. Chatfield v. Flautt, 131 Ohio St.3d 383, 2012-Ohio-1294.]

Per Curiam.

{1 1} We affirm the judgment of the court of appeals denying the request of appellant, inmate James L. Chatfield, for a writ of mandamus ordering appellee, Perry County Prosecuting Attorney Joseph A. Flautt, to turn over certain records to him. R.C. 149.43(B)(8) required a finding by Chatfield‘s sentencing judge or the judge‘s successor that the requested information was necessary to support what appeared to be a justiciable claim. State ex rel. Barb v. Cuyahoga Cty. Jury Commr., 124 Ohio St.3d 238, 2010-Ohio-120, 921 N.E.2d 236. Chatfield obtained the requisite judicial finding from the Perry County Court of Common Pleas, but that court specified that the Columbus Police Department, not the Perry County prosecuting attorney, would provide the records. Because Chatfield‘s sentencing judge did not determine that the Perry County prosecuting attorney was the person responsible for the requested public records, Chatfield was not entitled to the requested extraordinary relief.

Judgment affirmed.

O‘CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O‘DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

James L. Chatfield, pro se.

Joseph A. Flautt, Perry County Prosecuting Attorney, pro se.