BOCC take debate to Supreme Court

By Anna Bolton - [email protected]

XENIA — Greene County Commissioners are taking the probate court debate to the Ohio Supreme Court.

The board filed a writ of prohibition with the supreme court March 15 against Judge Thomas O’Diam. The document seeks to prohibit the probate judge from: enforcing an order demanding control of Courtroom 3; enforcing an order demanding the commissioners rescind their resolution to build a courtroom in the juvenile court building; prohibiting the commissioners to enforce said resolution.

“Our position is that the Probate Court does not have the authority to issue orders of this nature against the Commissioners. The Commissioners have the responsibility to provide what is necessary for the operations of the courts, not merely what a judge might desire,” County Administrator Brandon Huddleson wrote in an email to Greene County News.

The commissioners’ most recent action comes just two days after the probate division issued two more orders to the county. One order demanded the commissioners rescind their resolution based on the violation of constitutional separation of powers as well as the probate court’s viewpoint that the new courtroom would not be sufficient for the court’s operations.

But the dispute — consisting of four court orders and now a writ of prohibition within two weeks — involving not just the county and the probate court, but the general division, too — began nearly a year ago.

“In this case, the Probate Judge has demanded the Commissioners take a courtroom away from one division that is currently using it and give it to him simply because he desires to have it. The solution the Commissioners have dictated resolves all of the safety, security, and capacity issues that have been listed by the judge, while continuing to provide for the operation of the General Division, Grand Jury, and Court of Appeals,” Huddleson said.

The board has said the new courtroom will cost taxpayers approximately $30,000.

By Anna Bolton

[email protected]

Contact Anna Bolton at 937-502-4498 or follow @annadbolton on Facebook.

Contact Anna Bolton at 937-502-4498 or follow @annadbolton on Facebook.