State ex rel. Whitt v. Coshocton Common Pleas Court

[Cite as State ex rel. Whitt v. Coshocton Common Pleas Court, 2013-Ohio-2325.]
COURT OF APPEALS
COSHOCTON COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
STATE OF OHIO, EX REL : Hon. W. Scott Gwin, P.J.
STEPHEN H. WHITT : Hon. Sheila G. Farmer, J.
: Hon. Patricia A. Delaney, J.
Relator :
:
-vs- : Case No. 2012CA0014
:
COSHOCTON COMMON PLEAS :
COURT : OPINION
Respondent
CHARACTER OF PROCEEDING: Writ of Mandamus
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: May 30, 2013
APPEARANCES:
For Relator For Respondent
STEPHEN H. WHITT PRO SE JASON W. GIVEN
Prosecuting Attorney
318 Chestnut Street
Coshocton, OH 43812
[Cite as State ex rel. Whitt v. Coshocton Common Pleas Court, 2013-Ohio-2325.]
Gwin, P.J.
{¶1} Relator, Stephen W. Whitt, has filed a Petition for Writ of Mandamus
requesting this Court find Respondent in contempt of court, vacate his conviction, and
order a new trial in his underlying criminal case. Attached to the petition is an “Affidavit
of Disqualification.” Respondent has only filed a response to the affidavit of
disqualification.
{¶2} Initially, we find the affidavit of disqualification was not filed with the
Supreme Court as required by R.C. 2501.13. For this reason, we have jurisdiction to
address the petition for writ of mandamus.
{¶3} As a preliminary matter, Relator has failed to comply with R.C. 2969.25 by
not filing an affidavit detailing his prior civil filings.
{¶4} Further, Relator has named the “Coshocton Common Pleas Court” as the
respondent. A court is not sui juris. “A court is defined to be a place in which justice is
judicially administered. It is the exercise of judicial power, by the proper officer or
officers, at a time and place appointed by law.” Todd v. United States (1895), 158 U.S.
278, 284, 15 S.Ct. 889, 891, 39 L.Ed. 982. Absent express statutory authority, a court
can neither sue nor be sued in its own right. State ex rel. Cleveland Municipal Court v.
Cleveland City Council (1973), 34 Ohio St.2d 120, 296 N.E.2d 544.
Coshocton County, Case No. 2012CA0014 3
{¶5} Because Relator has failed to file an affidavit of prior civil filings and
because Relator has failed to name a proper respondent, the Petition for Writ of
Mandamus is dismissed.
By Gwin, P.J.,
Farmer, J., and
Delaney, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. SHEILA G. FARMER
_________________________________
HON. PATRICIA A. DELANEY
WSG:clw 0502
[Cite as State ex rel. Whitt v. Coshocton Common Pleas Court, 2013-Ohio-2325.]
IN THE COURT OF APPEALS FOR COSHOCTON COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO, EX REL
STEPHEN H. WHITT :
:
Relator :
:
:
-vs- : JUDGMENT ENTRY
:
COSHOCTON COMMON PLEAS COURT :
:
:
Respondent : CASE NO. 2012CA0014
For the reasons stated in our accompanying Memorandum-Opinion, the Petition for
Writ of Mandamus is dismissed. Costs to Relator.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. SHEILA G. FARMER
_________________________________
HON. PATRICIA A. DELANEY