In the case of Geauga Cty. Probate/Juvenile Court v. Geauga Cty. Aud. Office, 2019-Ohio-2629, the Ohio Court of Claims adopted a special master’s report and recommendation that a judicial court may not make a public records request.
This case involved a county probate court seeking financial documents from the county auditor’s office through a public records request. The county probate court initiated legal action to enforce the public records request when the county auditor’s office refused to produce the documents.
The special master found against the county probate court because “a court can neither sue nor be sued in its own right” absent statutory authority stating otherwise and the Ohio Public Records Act does not provide such authority. Geauga County at ¶ 3. The Ohio Court of Claims agreed.
To read the special master’s report and recommendation, click here.
To read the Court of Claim’s adoption, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.