69 Ohio St. 3d 176 | Ohio | 1994
Lead Opinion
Appellant asserts in his first proposition of law that an order of a trial court in a criminal case disqualifying counsel who had been hired by a criminal defendant is subject to mandamus and/or prohibition since any appeal after judgment and sentence is not an adequate legal remedy. The court of appeals determined that appellant possessed an adequate remedy at law through appeal which precluded both prohibition and mandamus relief. In so holding, the court of appeals opined that the granting of the motion to disqualify counsel constituted a final appealable order. Nevertheless, a different panel of the same court of appeals dismissed appellant’s direct appeal from the disqualification order on the basis that it was not a final appealable order. State v. Keenan (Jan. 14, 1994), Cuyahoga App. No. 66264, unreported, 1994 WL 24257.
In order for a writ of mandamus to issue, a relator must demonstrate that: (1) relator has a clear legal right to the relief prayed for, (2) respondent is under a corresponding legal duty to perform the requested act, and (3) relator has no
While neither mandamus nor prohibition may be employed as a substitute for appeal from an interlocutory order, an appeal is inadequate if not complete in its nature, beneficial and speedy. See, e.g., State ex rel. Horwitz v. Cuyahoga Cty. Court of Common Pleas, Probate Div. (1992), 65 Ohio St.3d 323, 328, 603 N.E.2d 1005, 1009, citing, inter alia, State ex rel. Daggett v. Gessaman (1973), 34 Ohio St.2d 55, 63 O.O.2d 88,295 N.E.2d 659, paragraph three of the syllabus, and State ex rel. Liberty Mills, Inc. v. Locker (1986), 22 Ohio St.3d 102, 104, 22 OBR 136, 137, 488 N.E.2d 883, 885-886.
In initially considering whether an order granting a motion to disqualify counsel in a criminal case constitutes an interlocutory order, we have previously held that the granting of a motion to disqualify counsel in a civil action is a final appealable order pursuant to R.C. 2505.02. Russell v. Mercy Hosp. (1984), 15 Ohio St.3d 37, 15 OBR 136, 472 N.E.2d 695, syllabus. Russell applied the balancing test set forth in Amato v. Gen. Motors Corp. (1981); 67 Ohio St.2d 253, 21 O.O.3d 158, 423 N.E.2d 452, to determine if the order was made in a special proceeding. This court emphasized in Russell that an order disqualifying counsel in a civil case could not be effectively reviewed after final judgment. 15 Ohio St.3d at 39-40, 15 OBR at 138, 472 N.E.2d at 697. In a subsequent case, this court stated in dictum that “it would appear that the legitimate interest implicated, i.e., the right to counsel of one’s choice, would compel a similar standard in a criminal context.” State v. Murphy (1990), 49 Ohio St.3d 293, 294, 551 N.E.2d 1292, 1294, fn. 1.
However, in Polikoff v. Adam (1993), 67 Ohio St.3d 100, 616 N.E.2d 213, syllabus, we overruled Amato and held that orders that are entered in actions that are recognized at common law or in equity and were not specially created by statute are not orders entered in special proceedings pursuant to R.C. 2505.02. Pursuant to Polikoff, it is apparent that the pretrial order granting a disqualification motion in a criminal case is not a final appealable order. But, cf., Stevens v. Grandview Hosp. & Med. Ctr. (Oct. 20, 1993), Montgomery App. No. 14042, unreported, 1993 WL 420127 (despite Polikoff, Russell remains valid).
Therefore, the court of appeals properly concluded that the availability of the right to appeal constituted an adequate remedy at law which precluded appellant’s request for the extraordinary writs of mandamus and/or prohibition. Although the court was incorrect in stating that the order was immediately appealable despite Polikoff, a reviewing court is not authorized to reverse a correct judgment merely because erroneous reasons were assigned as a basis thereof. Myers v. Garson (1993), 66 Ohio St.3d 610, 614-615, 614 N.E.2d 742, 745. Appellant’s first proposition of law is meritless and is overruled.
Appellant asserts in his second proposition of law that appellee abused his discretion in granting the disqualification motion. In light of the recommended disposition of appellant’s first proposition of law, the second proposition is moot.
Accordingly, for the foregoing reasons, the judgment of the court of appeals is affirmed.
Judgment affirmed.
Dissenting Opinion
dissenting. A post-conviction appeal does not offer Keenan an adequate remedy at law, nor does it suit an orderly and efficient judicial system.
The question of Keenan’s right to the counsel of his choice is necessarily most critical prior to the beginning of his trial. A post-conviction appeal may offer a remedy, but not an adequate one — the choice of counsel is fundamental and impacts the entirety of the case. State ex rel. Butler v. Demis (1981), 66 Ohio St.2d 123, 124, 20 O.O.3d 121, 122, 420 N.E.2d 116, 117.
Concurrence Opinion
concurring. In my view the solution in this case that a post-conviction appeal is an adequate remedy at law may well be illusory. However, I am compelled by precedent announced by this court
. Polikoff v. Adam (1993), 67 Ohio St.3d 100, 616 N.E.2d 213.
. Wheat v. United States (1988), 486 U.S. 153, 108 S.Ct. 1692, 100 L.Ed.2d 140; Flanagan v. United States (1984), 465 U.S. 259, 104 S.Ct. 1051, 79 L.Ed.2d 288.