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Wednesday, June 04, 2014

Courts - More on: 6th Circuit mulls fired lawyer’s suit against judge

Updating this ILB post from March 25, 2014, the Fort Wayne Jounral Gazette today has this follow-up story by Amanda Lee Myers of the AP - some quotes:

CINCINNATI – Although a rural Ohio county’s judge’s actions were “petty, unethical and unworthy of his office,” he is still immune from being sued by an attorney who got fired after the judge kicked him off all the cases in his courtroom, an appeals court panel found Tuesday.

The decision by the 6th Circuit Court of Appeals stems from a 2012 lawsuit filed by attorney Robert Bright against Judge David Dean Evans in Gallia County in southeastern Ohio’s Appalachian country, just across the West Virginia line.

Bright’s lawsuit accused Evans, the county, its board of commissioners and its public defender’s office of violating his rights to freedom of speech and due process.

The public defender’s office fired Bright in September 2011 after Evans removed him from all the 60-some cases pending in his courtroom because of a “conflict he created with the court.” The judge cited a lengthy motion in which Bright criticized some of Evans’ practices, such as setting strict deadlines for entering plea agreements.

Don't miss reading the rest of the story.

Here is the 25-page, June 3rd opinion in Bright v. Gallia County.

Posted by Marcia Oddi on June 4, 2014 10:48 AM
Posted to Courts in general