IN THE SUPREME COURT OF OHIO

Transcription

1 ^/.. IN THE SUPREME COURT OF OHIO ROGER GEORGE TEMETHY, Relator, Case No ,F :: i's., % %: ^! /';Y; ( <S. ( 3 ^if+,.^,<li1 f.%s. S-iS.r^51) <% /.^ i MS ^e f,. ;2t i r ^^s+^^^ ^' fi0,u ^'f^-^1; fs, i, v. ; Original Action in Mandamus TEDI)Y SLIWINSKI, et al., s. MEMORANDUM IN OPPOSITION OF STATE RESPONDENTS, DISCIPLINARY COUNSEL JONATHAN COUGHLAN1, CHIEF ASSISTANT DISCIPLINARY COUNSEL JOSEPH CALIGIURI, ASSISTANT DISCIPLINARY COUI'vSEL STACY SOLOCHEK BECKMAN, ADMINSTRATOR OF THE CLIENTS' SECURITY FUND JANET GREEN MARBLEY, AND ASSISTANT ATTORNEY GENERAL MATTHEW HELLMAN TO RELATOR'S MOTION FOR RECONSIDERATION ROGER TEMETHY 1479 Hunters Chase Dr., Apt. IC Westlake, Ohio Relator MONICA SANSALONE ( ) HOLLY OLARCZUK-SMITH ( ) Gallagher Sharp Sixth Floor - Bulkley Building 1501 Euclid Ave. Cleveland, Ohio (216) phone; (216) fax msansalone@gallaghersharp.com holarczuk-smith@ghallaghersharp,com Counsel for s Heather Zirke and Kathef ine. Zimmerman MICFIAEL DF WINL ( ) Ohio Attorney General JEFFERY W. CLARK ( ) *Couiisel of Record DARLENE FAWKES PETTIT ( ) Assistant Attorneys General Constittiitional Offices Section 30 East Broad Street, 16th Floor Columbus, Ohio (614) phone; (614) fax j effery.clarkcohioattorneygeneral. gov darlene.pettit@ohioattorneygeneral.gov Counsel fot State s, Jonathan Coughlan, Joseph Caligiuri, Stacy Sorochek, Janet Green Marbley, and Matthew Hellman 'Jonathan Coughlan's term as Disciplinary Counsel ended October 26, Additional counsel onfollowing page

2 TIMOTHY MCGINTY ( ) Prosecuting Attorney Cuyahoga CoLmty Prosecutor's Office 1200 Ontario St., 8th Fl. Cleveland, Ohio Counsel for Judge Eileen A. Gallagher TEDDY SLIWINSKI ( ) 5800 F 'leet Ave. Cleveland, Ohio ERIC RICK BAUM ( ) One Government Center, Suite 1340 Toledo, Ohio STEVEN B. WAGNER 1900 East Ninth Street Cleveland, Ohio ii

3 ROGER GEORGE TEMETHY, IN THE SUPREME COURT OF OHIO Relator, V. Case No Original Action in Mandamus TEDDY SLIWINSKI, et al., s. MEMORANDUM IN OPPOSITION OF STATE RESPONDENTS, DISCIPLINARY COUNSEL JONATHAN COUGHLAN2, CHIEF ASSISTANT DISCIPLINARY COUNSEL JOSEPH CALIGIURI, ASSISTANT DISCIPLINARY COUNSEL STACY SOLOCHEK BECK-'bIAN, ADMINSTRATOR OF THE CLIENTS' SECURITY FUND JANET GREEN MARBLEY, AND ASSISTANT ATTORNEY GENERAL MATTHEW HELLMAN TO RELATOR'S MOTION FOR RECONSIDERATION 1. INTRODUCTION On October 23, 2013, this Court granted the five motions to dismiss of the s in this case, including the Motion to Dismiss filed by the State s, s Disciplinary Counsel Jonathan Coughlan, Chief Assistant Disciplinary Counsel Joseph Caligiuri, Assistant Disciplinary Counsel Stacy Solochek Beckman, Administrator of the Clients' Security Fund Janet Green Marbley, and Assistant Attorney General Matthew Hellman. Relator now seeks reconsideration of the Court's October 23, 2013 dismissal. Relator's motion for reconsideration should be denied. In his request for anwit of mandamus, Relator had sought a wide variety of relief from the State s "to restore [his] civil and constitutional rights." Relator's Complaint, p. 8. The Court correctly dismissed 2 Jonathan Coughlan's term as Disciplinary Counsel ended October 26, 2013.

4 Relator's petition for a writ of mandamus as he does not meet any of the requirements for a writ to issue. 11. LEGAL ARGUMENT As a general rule, this Court grants motions for reconsideratioii when persuaded, upon reflection, that its prior decision was made in error. State ex rel. Huebner v. W. Jefferson Village Council, 75 Ohio St.3d 381, 383, 662 N.E.2d 339 (1996). In dismissing Relator's petition for a writ of mandamus, the Court correctly concluded that Relator did not meet the requirements for a writ to issue. As discussed in State s' Motion to Diszniss, Relator cannot meet any of the requirements for a writ of mandamus: (1) Relator does not have a clear legal right to any of the requested relief; (2) none of the s have a clear legal duty to perform the acts identified in Relator's complaint; and (3) Relator has an adequate remedy at law. See State ex rel. Van Gund,l, v. Indus. Comm., 111 Ohio St.3d 395, 2006-Ohio-5854, 856 N.E.2d 951, 1j 13, citing State ex j el. Luna v. Huffman, 74 Ohio St.3d 486, 487, 659 N.E.2d 1279 (1996). With respect to the State s, Relator had requested that Disciplinary Counsel Coughlan "be removed by the court for not adhering to [R.C.] " Compl., at 7. Relator requested that this Court give "some kind of disciplinary action" to Chief Assistant Disciplinary Counsel Caligiuri and Assistant Disciplinary Counsel Beckman. Id: Relator fiirther wanted this Court to award him $75,000 from the Clients' Security Fund and, with regard to the Administrator of the fund, that "a violation be placed in her file.'' Id. at 5, 7. Finally, Relator wanted this Court to "ask" Assistant Attorney General Hellman "why he acted against [Temethy] in a victims of crime action." Id. at 7. Relator did not identify any legal right to his requested relief. A writ of mandamus will issue only where Relator can show a clear legal right to the requested relief. State ex rel. Bd. of 2

5 Ed. v. Gi iffn, 161 Ohio St. 537, 119N.E.2d 886 (1954). Nor did Relator demonstrate any relevant duty on the part of the State s to perform his requested relief. "[A] court should dismiss a petition for writ of mandamus if the petition does not demonstrate that the s have a clear legal duty to perform the act which the relator seeks to have the s perform. State ex rel. WoN, v. Lorain Co. Bd. Of f Elections, 59 Ohio App.2d 257 (9th Dist. 1978). Finally, Relator failed to demonstrate that he lacked an adequate remedy of law, preeluding any mandamus relief. See State ex rel. Gilligan v. Ohio 13d. of'tax Appeals, 70 Ohio St3c1 196, 201, 638 N.E.2d 74 (1994). For these reasons, Relator's complaint failed to state a claim for which the Court could grant hitn relief and was properly dismissed. Because this decision was not made in error, Relator's Motion for Reconsideration should be denied. See I-Iuebner, 75 Ohio St.3d at 383. Respectfully submitted, MICI-IAEL DEWfiNE ( ) Ohio Attorney General JEFERY W. CLARK ( ) / *Cei^nsel of Record DART;,ENE FAWKES PETTIT ( ) Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16th Floor Columbus, Ohio (614) phone; (614) fax jeffery.clark@ohioattorneygeneral.gov darlene.pettit@ohioattomeygeneral.gov Counselfor State s, Jonathan Coughlan, Joseph CaligiuNi, Stacy Solochek Beckman, Janet Green lvarbley, and ivatthew Hellrnan 3

6 CERTIFICATE OF SERVICE I hereby certify that on November 14, 2013 a true copy of the foregoing Memorandum in Opposition of State s, Disciplinary Counsel Jonathan Coughlan, Chief Assistant Disciplinat.y Counsel Joseph Caligiuri, Assistant Disciplinary Counsel Stacy Solochek Beckman, Administrator Of The Clients' SecurityEund Janet Green Marbley, And Assistant Attorney General Matthew Hellman was served upon the following by regular U.S. Mail, postage prepaid: R.OGER TEMETHY 1479 Hunters Chase Dr., Apt. IC Westlake, Ohio Relator MONICA SANSALONE HOLLY OLARCZUK-SMITI-I Gallagher Sharp Sixth Eloor- Bulkley Building 1501 Euclid Ave. Cleveland, Ohio Counselfor s Heather Zirke and Katherine ZimmeYman TIMOTHY MCGII^,TTY Prosecuting Attorney Cuyahoga County Prosecutor's Office 1200 Ontario St., 8th Fl. C1eveIand,Ohio44113 Counsel,f'or Re,spondent Judge Eileen A. Gallagher I'EDDY SLIWINSKI 5800 Fleet Ave. Cleveland, Ohio ERIC RICK BAUM One Government Center, Suite 1340 Toledo, Ohio STEVEN B. WAGNER 1900 East Ninth Street Cleveland, Ohio ^E FfAWKES PETTIT ( ) At,t`ornev General 4