State ex rel. AIY Properties, Inc. v. Scott

Citations

• 2023 Ohio 3893

Syllabus

Peremptory writ of procedendo forcible entry and detainer writ of restitution R.C. 1923.01 et seq. Canons 1 and 2 of Judicial Conduct Disciplinary Counsel. The relator's complaint for mandamus is converted into a complaint for procedendo because procedendo is more appropriate since an inferior court's refusal or failure to timely dispose of a pending action is the ill a writ of procedendo is designed to remedy. The relator seeks an order from this court that requires the respondent-judge to issue a writ of restitution and an order of eviction in the forcible entry and detainer action. Forcible entry and detainer actions are governed by R.C. Chapter 1923. The purpose of the forcible entry and detainer statutes is to provide a summary, extraordinary, and speedy method for the recovery of possession of real property. The respondent-judge has unnecessarily delayed in granting a writ of restitution. The relator is entitled to a peremptory writ of procedendo that requires respondent-judge to immediately issue a writ of restitution and an order of eviction. Canons 1 and 2 of the Ohio Code of Judicial Conduct requires all judges to uphold and promote independence, integrity, and impartiality of the judiciary, and to avoid impropriety and the appearance of impropriety. The implementation of judicial discipline is to protect the general public, guarantee the evenhanded administration of justice, and maintain the public's confidence in the integrity of the judiciary. The continued reluctance of the respondent-judge, to provide a summary, extraordinary, and speedy method for the recovery of possession of real property, in forcible entry and detainer actions, may result in the referral of her conduct to the Disciplinary Counsel of the Board of Professional Conduct for violation of the Code of Judicial Conduct and the Rules of Professional Conduct.