State ex rel. Parikh v. Berkowitz
Citations
- 2024 Ohio 4686
Syllabus
ORIGINAL WRITS – MANDAMUS –PROHIBITION – R.C. 1901.31 – Sup.R.44-47:The municipal court judges had a clear legal right to order the clerk to rescind a policy that disabled remote online access to certain categories of case documents. The clerk had a clear legal duty to follow the administrative order instructing him to rescind the policy and restore case access. The municipal court judges lacked an adequate remedy at law because neither holding the clerk in contempt nor a declaratory judgment could compel the clerk to restore access. The clerk was not entitled to a writ of prohibition because the municipal court judges acted within their authority to prevent the clerk from usurping a judicial power, namely the power to balance if an individual's privacy interests outweigh the public's right to access court records. The clerk acted beyond the scope of his office in issuing a policy disabling remote online access to certain cases and disobeying his court's order to rescind the policy and restore access.
Judges: Piper
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2 cases in this archive cite this case.
Cites
37 cases in this archive are cited by this case; the 20 most cited are listed.
- Mitchell v. Lawson Milk Co.Ohio Supreme Court· 1988-12-30· cited 945×
- Peterson v. TeodosioOhio Supreme Court· 1973-05-30· cited 575×
- State ex rel Pipoly v. State Teachers Retirement Sys.Ohio Supreme Court· 2002-05-22· cited 115×
- State Ex Rel. Toledo Blade Co. v. Toledo-Lucas County Port AuthorityOhio Supreme Court· 2009-04-21· cited 104×
- State Ex Rel. Miller v. Ohio State Highway PatrolOhio Supreme Court· 2013-09-03· cited 103×
- State ex rel. Elder v. Camplese (Slip Opinion)Ohio Supreme Court· 2015-09-08· cited 77×
- State ex rel. Johnson v. County CourtOhio Supreme Court· 1986-07-16· cited 70×
- State ex rel. Manley v. Walsh (Slip Opinion)Ohio Supreme Court· 2014-10-21· cited 66×
- State ex rel. Calvary v. Upper ArlingtonOhio Supreme Court· 2000-06-28· cited 50×
- State ex rel. Midwest Pride IV, Inc. v. PontiousOhio Supreme Court· 1996-06-05· cited 45×
- State ex rel. Lyons v. ZaleskiOhio Supreme Court· 1996-06-19· cited 36×
- State ex rel. Parker Bey v. Byrd (Slip Opinion)Ohio Supreme Court· 2020-05-05· cited 29×
- In re B.J.Ohio Court of Appeals· 2016-10-24· cited 27×
- State ex rel. Sponaugle v. Hein (Slip Opinion)Ohio Supreme Court· 2018-08-09· cited 22×
- Schussheim v. SchussheimOhio Supreme Court· 2013-10-16· cited 19×
- State ex rel. Henneke v. DavisOhio Supreme Court· 1986-07-09· cited 18×
- State ex rel. Fiser v. Kolesar (Slip Opinion)Ohio Supreme Court· 2020-12-03· cited 16×
- State ex rel. McQueen v. Cuyahoga Cty. Court of Common Pleas, Probate Div.Ohio Supreme Court· 2013-01-16· cited 13×
- Elson v. PlokhooyOhio Court of Appeals· 2011-06-20· cited 13×
- Hunter-June v. PittsOhio Court of Appeals· 2014-06-09· cited 10×
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