GEORGETOWN - A legal dispute has erupted between two elected officials at the Brown County Courthouse in recent weeks. The dispute arose over access to court records and could result in a case before the 12th District Court of Appeals.
According to Brown County Clerk of Courts Tina Meranda, she was having issues with unauthorized access to her files so she took steps to correct the problem.
"People were getting into my files and there are some former employees who still have keys to things," Meranda said. "I had all of the locks changed and made sure that only myself and my current staff have keys."
Meranda said after making the change one of her staff was told by one of Brown County Common Pleas Court Judge Scott Gusweiler's staff that he also needed a key to the records. Meranda told Gusweiler she would only relinquish a copy of the key under court order. Judge Gusweiler then issued a court order.
"He must not have expected me to comply with the court order because when I turned over the keys he had two deputies waiting to take me away for contempt of court," Meranda said. "I forfeited the keys even though I didn't legally have to because I didn't want my little boys to spend the weekend without their mom."
Judge Gusweiler's Court Administrator Joni Dotson said the Judge is not going to comment on the issue at this time.
"I spoke with him about it and he did not feel it was appropriate to comment," Dotson said.
Meranda said she plans to appeal the court order to the 12th District Court of Appeals.
Brown County Prosecutor Jessica Little said that while she is the legal representative for the clerk of courts, she is also the legal representative for the common pleas judge.
"If they have a conflict, I have a conflict," Little said.
Little said she has asked Adams County Assistant Prosecutor David Kelly to respond to Meranda's request.
"Judge Gusweiler hasn't asked me to obtain counsel for him yet," Little said.
Little said the standard procedure in an instance where a court issues an order that someone disagrees with is to file a writ of prohibition in the appeals court in an attempt to prevent the court from exercising its assumed authority.
Meranda said this is not the first time she has had a conflict with Gusweiler.
David Kelly could not be immediately reached for comment on Meranda's appeal.
Reader Comments
Posted: Tuesday, March 23, 2010
Article comment by:
anonamous
Look at the basic issue here. The problem exists because Tina Miranda can't do her job and provide the judge with a file that contains all of the pleadings when the case is scheduled before the judge. I want the judge to have everything, a complete and up to date file, in front of him when a criminal defendant is before him. I think that that is very, very important. Tina Miranda is deflecting the issue. She ought to be embarrassed that she considers it acceptable to present the judge with a file that doesn't contain all the pleadings.
Posted: Friday, February 26, 2010
Article comment by:
Ben Morgan
Did the judge or deputy read Tina her Miranda rights?
Posted: Friday, February 26, 2010
Article comment by:
Michael Cales
I would have to go along with Chuck on two of the three. I would say stupid and brazenly obnoxious. It amazes me when someone gets elected and then thinks they are God. Of course some of his rulings make you ask the same question.
Posted: Thursday, February 25, 2010
Article comment by:
Chuck Krainz
Elected officials of Brown County have once again amazed. Let me assume for the moment that the story regarding a 'dispute' between Ms. Meranda and Mr. Gusweiler has occurred exactly as reported. If our Clerk of Courts has experienced problems with a Judge before, I would think there would have been a line drawn in the legal 'sand'. Tina, I voted for you, trusting that you WOULD perform your job. I have met your children and they are strong. They would have survived, quite well, for a weekend without you. Give them more credit than that. What they might not survive is discovering that their mother folds when she is illegally bullied by a judge. How will you explain to your children, as well as those who entrusted you with this position, when facing an idiotic, illegal demand, you do not stand your ground? I would certainly like to hear. To paraphrase, evil occurs when good people do nothing. You told us you could be trusted to do your job. You didn't. If you don't follow up with a legal response, please step aside as Clerk. Maybe someone with fortitude can take over. Mr. Gusweiler, you, as far as I can tell, have no right to interfere with the Clerk's office. Are you high, stupid, or just brazenly obnoxious? If it wasn't your idea, who ordered you to do it? I can't imagine any sane (legal) reason for this to happen. Please tell us your reason, if you have one not listed above. There is more than a few people interested. Remember, there is only one God. Stop applying for the position. I am wondering if there is an elected official in Brown County that has the moral fortitude to stand up and do the right thing. I have seen favoritism, neglect, and nepotism all in the name of 'justice'. Has this become the 'american way'? Or is it just Brown County. It sickens me.
Posted: Wednesday, February 24, 2010
Article comment by:
Steve H.
Mr. Roller,
As a concerned citizen, and retired law enforce ment officer, I try to keep up with certian events. Especially where I have vested interest in property,past and future.I saw your article in the paper and find it disturbing that anyone, other than the clerk of courts and certian members of that staff are allowed to have access to an office containing the type of records that are kept in that office.COME ON NOW. there is absollutly no reason for anyone other than the clerk to have 24/7 access to that office. I mean what reasons would the judge have for wanting it. And if the judge did by threat order the clerk to give him the key, he himself may have violated the Ohio Revised code. Somthing any 1st year law student could see. So for your pleasure in reading, along with others, here's a copy of the law,I obtained just by going to the library.
§ 2921.03. Intimidation (A) No person, knowingly and by force [two deputies ready to arrest], by unlawful threat of harm [threat of arrest and incarceration] to any person or property, or by filing, recording, or otherwise using a materially false or fraudulent writing with malicious purpose, in bad faith, or in a wanton or reckless manner, shall attempt to influence, intimidate, or hinder a public servant [any public official = Clerk of Courts], party official, or witness in the discharge of the person's duty [keeper of the court records].
(B) Whoever violates this section is guilty of intimidation, a felony of the third degree.
(C) A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this division. A civil action under this division is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section.
Clerk's duties:
§ 2921.44. Dereliction of duty (B) No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.
(E) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant's office, or recklessly do any act expressly forbidden by law with respect to the public servant's office.
(F) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.
§ 2303.08. General duties
The clerk of the court of common pleas shall indorse on each pleading or paper in a cause filed in the clerk's office the time of filing, enter all orders, decrees, judgments, and proceedings of the courts of which such individual is the clerk, make a complete record when ordered on the journal to do so, and pay over to the proper parties all moneys coming into the clerk's hands as clerk. The clerk may refuse to accept for filing any pleading or paper submitted for filing by a person who has been found to be a vexatious litigator under section 2323.52 of the Revised Code and who has failed to obtain leave to proceed under that section.
§ 2303.14. Keeping of books and making of records
The clerk of the court of common pleas shall keep the journals, records, books, and papers appertaining to the court and record its proceedings.
§ 2303.26. Duties of clerk The clerk of the court of common pleas shall exercise the powers conferred and perform the duties enjoined upon him by statute and by the common law and in the performance of his duties he shall be under the direction of his court.
THEN you wonder if this is connected to Varnau's quo warranto case where he is trying to get Wenninger's sealed criminal case file unsealed, and he may have wanted to dispose of documents in it prior to the 12th District opening it up for public exposure.
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