In the case of Tuscarawas County Public Defender’s Office v. Kristy Goudy, 2021-Ohio-1754, the Fifth District Court of Appeals ruled that the State Personnel Board of Review’s failure to submit the complete transcript of testimony from their investigation resulted in prejudice to the Public Defender’s Office and dismissed the case.
The agency investigated the dismissal of an employee, including various witness testimony, over a two-day period. Upon appeal, the agency submitted the record to the trial court pursuant to R.C. 119.12 but neglected to include the transcripts of key witnesses and claim it was a clerical error, which they quickly corrected.
The Public Defender’s Office claimed it was prejudiced by this error and the Court of Appeals agreed.
Based on the agency’s failure to request permission from the court to correct the clerical error and the resulting delay in the case, the Court held that R.C. 119.12 required the case be dismissed.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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