The court rejected Greene County Probate Judge Thomas O’Diam’s that the Greene County Board of Commissioners pay the fees in a dispute over the use of Courtroom 3 in the courthouse.
The court voted 5-2 in favor of the county.
Justice R. Patrick DeWine wrote that O’Diam did not follow the process mandated by state law for appointing outside counsel and that he attempted to rely on the court to order the county to pay his legal fees.
“Judges cannot simply demand that the taxpayers pay for their every wish without complying with the lawful processes set forth by the General Assembly,” DeWine wrote.
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However, Justice Judith L. French wrote in the dissenting opinion that the decision rewrote court precedent on the enforcement of court funding orders.
The court ruled in favor of the county in May 2019, preventing O’Diam from enforcing his order granting him exclusive use of Courtroom 3.
The courtroom is used by the prosecutor’s office for grand jury hearings and for overflow of civil, domestic and criminal cases.
O’Diam wanted the courtroom to be designated as the probate division’s space for three days a week due to safety and logistical concerns with his courtroom.
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