IN THE SUPREME COURT OF OHIO

Transcription

1 IN THE SUPREME COURT OF OHIO STATE OF OHIO, ex rel. MARC S. TRIPLETT, Supreme Court No. 332 South Main Street Bellefontaine, Ohio 43311, Relator, ORIGINAL ACTION IN PROHIBITION vs. JOHN L. ROSS, Judge, Bellefontaine Municipal Court 226 West Columbus Avenue Bellefontaine, Ohio 43311, and MARTY CARMEAN, Clerk Bellefontaine Municipal Court 226 West Columbus Avenue Bellefontaine, Ohio and BELLEFONTAINE MUNICIPAL COURT 226 West Columbus Avenue Bellefontaine, Ohio Respondents. COMPLAINT FOR A WRIT OF PROHIBITION JEFFREY M. GAMSO ( ) Legal Director, ACLU of Ohio Foundation, Inc. Max Wohl Civil Liberties Center 4506 Chester Avenue Cleveland, Ohio Phone: (216) Fax: (216) jmgamso@acluohio.org COUNSEL FOR RELATOR, MARC S. TRIPLETT

2 COMPLAINT FOR A WRIT OF PROHIBITION Marc S. Triplett, relator, pursuant to Sup.Ct.Prac.R. X, asks this Court to issue a writ of prohibition preventing the Bellefontaine Municipal Court, Honorable John L. Ross, Judge of that court, and Marty Carmean, Clerk of that court from demanding that attorneys who wish to accept court appointments sign a DECLARATION REGARDING MATERIAL ASSISTANCE/NONASSISTANCE TO A TERRORIST ORGANIZATION certifying that they have no involvement with organizations named on the Terrorist Exclusion List. In support of that request, Relator states as follows: 1. Relator Marc S. Triplett is an attorney licensed to practice law in the State of Ohio and with Supreme Court Number and who has accepted and hopes to continue to accept court appointments to represent the indigent accused in Bellefontaine Municipal Court and other courts. 2. Respondent John L. Ross is the Judge of the Bellefontaine Municipal Court. 3. Respondent Marty Carmean is the Clerk of the Bellefontaine Municipal Court. 4. Respondent Bellefontaine Municipal Court is the Municipal Court of Logan County, Ohio and is established pursuant to R.C (A) and with jurisdiction established purusant to R.C (B). 5. On April 10, 2006, a memorandum issued from Respondent Carmean 1

3 on letterhead of Respondent Bellefontaine Municipal Court directed to All Court Appointed Counsel and demanding that they complete and return, pursuant to Ohio Senate Bill 9, the GOVERNMENT BUSINESS AND FUNDING CONTRACTS form DECLARATION REGARDING MATERIAL ASSISTANCE/NONASSISTANCE TO A TERRORIST ORGANIZATION [capitalization and underscoring sic] perpared by the Division of Homeland Security of the Ohio Department of Public Safety (the Form ). 6. The Form itself references R.C and Those sections of the Revised Code were enacted as part of Am.Sub.S.B. 9 (commonly known as the Ohio Patriot Act ) which was signed by the Governor on January 11, 2006 and has an effective date of April 14, The Form requires that a person filling it out answer six questions with yes or no answers and provide identifying information. The questions, mandated by R.C and , are: (1) Are you a member of an organization on the U.S. Department of State Terrorist Exclusion List? (2) Have you used any position of prominence you have within any country to persuade others to support an organization on the U.S. Department of State Terrorist Exclusion List? (3) Have you knowingly solicited funds or other things of value for an organization on the U.S. Department of State Terrorist Exclusion List? (4) Have you solicited any individual for membership in an organization on the U.S. 2

4 Department of State Terrorist Exclusion List? (5) Have you committed an act that you know, or reasonably should have known, affords "material support or resources" to an organization on the U.S. Department of State Terrorist Exclusion List? (6) Have you hired or compensated a person you knew to be a member of an organization on the U.S. Department of State Terrorist Exclusion List or a person you knew to be engaged in planning, assisting, or carrying out an act of terrorism? 8. Failure to answer the questions honestly is, according to the Form and as set forth in R.C (A)(3)(c), a felony of the fifth degree. It is also a disqualification for any government contract, including, specifically in this case, a disqualification for receiving court appointments to represent indigent persons charged with crimes and subject to the jurisdiction of the Bellefontaine Municipal Court. 9. Pursuant to Section 2(B)(1)(g), Article IV, Ohio Constitution, original and exclusive power to regulate lawyers and the practice of law in Ohio rests in this Court. Any attempt by the General Assembly to interfere with that power is a violation of the doctrine of separation of powers and an unconstitutional usurpation of judicial authority by the legislature. Similarly, an attempt by the lower courts to limit the authority of a licensed attorney to practice before them is a usurpation of this Court s power. 10. Revised Code Sections and , insofar as they mandate that attorneys wishing to accept court appointments to 3

5 represent the indigent accused (or other persons) must complete and return the Form are unconstitutional as usurpation of this Court s exclusive power to regulate and control lawyers and the practice of law. 11. Respondent s demand that persons who wish to accept appointments to represent the indigent accused (or other persons) complete and return the Form is unconstitutional as a usurpation of this Court s exclusive power to regulate and control lawyers and the practice of law. 12. Relator Triplett will not complete and return the Form to Respondents or any of them. WHEREFORE: A. Relator prays for a peremptory writ to issue ordering Respondents and each of them to cease efforts to have attorneys who seek court appointments from Bellefontaine Municipal Court to represent the indigent accused in that court complete and return the Form. B. Further, Relator prays for a peremptory writ to issue ordering Respondents and each of them to cease declaring that failure of an otherwise licensed, willing, and eligible attorney to complete and return the Form will be a disqualification from obtaining court appointments in the Bellefontaine Municipal Court. C. Further, Relator prays for a peremptory writ to issue ordering Respondents and each of them not to remove his name from the list of 4

6 those who are eligible to receive and do receive court appointments in Bellefontaine Municipal Court. D. In the alternative, Relator prays for an alternative writ directing Respondents to show cause why they should be permitted to demand completion and return of the Form as a condition of receiving court appointments in Bellefontaine Municipal Court. E. Should this Court grant the alternative writ, Relator requests that this Court permit oral argument. F. Relator prays for recovery of his costs and of reasonable attorney fees. Respectfully submitted, JEFFREY M. GAMSO ( ) Legal Director, ACLU of Ohio Foundation, Inc. Max Wohl Civil Liberties Center 4506 Chester Avenue Cleveland, Ohio Phone: (216) Fax: (216) jmgamso@acluohio.org 5