The difficulty of talking law in plain English to Judges

Yesterday I filed my response to the Second District Court of Appeals, because apparently it falls on me, a citizen and not a lawyer, to explain to the judges why I have standing to demand the removal of Mike Foley from office after his felony conviction.

Think about that for a second: the courts say “we’re not sure you even have the right to bring this case” but then turn around and order me to brief them on standing. If I didn’t have standing, why ask me at all? It’s like being told you don’t have a driver’s license, but also being asked to teach driver’s ed (which for the record, I did for a summer in college).

The Real Question

The law in Ohio is simple: a convicted felon cannot continue to hold public office. Foley pled no contest, was sentenced, and kept his paycheck. That is not up for debate.

The real problem is that the officials who are supposed to enforce the law, the Montgomery County Prosecutor and the Ohio Attorney General, refused and fumbled. So I did their job for them and filed the quo warranto case myself.

Now, instead of dealing with the fact that a disqualified officeholder is still on the payroll, we are stuck in procedural games. The court keeps kicking the can, waiting to see what happens in Foley’s “round two” criminal case with Judge Hein in December. Delay after delay, all at taxpayer expense.

What’s at Stake

This isn’t just about Foley. It is about whether laws in Ohio mean anything when they apply to politicians. We have seen it again and again:

• Prosecutors look the other way.
• The Attorney General hides behind technicalities.
• Judges twist themselves into knots to avoid enforcing clear statutes.

If ordinary citizens can’t step in when the insiders refuse to act, then the law is a dead letter.

My Filing

I’ve posted my memorandum on standing here. It is only eight pages (I was allowed ten). I left off the exhibits and supporting documents for now; they show all the letters, calls, and requests I made that were ignored. That is for the judges to choke on.

It is a fun read, especially because I have to explain to the visiting judges that this is Montgomery County, where the “Culture of Corruption” is fully ingrained and run by the “Monarchy of Montgomery County.” We have so many politicians, judges, and sheriffs in bed with each other and their relatives that the family tree looks more like a forest. Funniest thing was as I was walking into the courthouse, I ran into Dennis Lieberman. He told me he supports my action, even though my filing names his wife as one of the featured felons. The irony of Dayton.

Here’s the kicker: the court wants to pretend only the prosecutor can file quo warranto, despite all the law that says Foley should be removed. But what if the prosecutor himself is the felon? Or protecting the one who is? In Montgomery County, Mat Heck runs things like a mafia don. Judges are never challenged, lawyers know better than to poke the bear, and citizens are left holding the bag.

It costs me time, money, and energy to do what our elected “law enforcers” refused to do. Who is really working for the public here?

The Bigger Picture

Montgomery County’s “culture of corruption” did not appear overnight. It thrives because insiders protect insiders, and citizens are told to sit down and shut up. My case asks a simple question: if the law says crooks can’t hold office, why is Foley still in the Clerk’s chair?

If the courts dodge the issue, then it is not just Foley on trial. It is the credibility of Ohio’s entire system of justice.

Closing

I have done my part. I filed. I cited the law. I explained standing. Now it is in the judges’ hands and in the court of public opinion. I wrote my memo so that the average citizen could read it and understand what is going on and told the judges it is not just their interpretation of the law, but our opinion of their decision. They are also practicing in the court of public opinion, and it is really hard to use legalese to cover this up.

Straight from the Ohio Constitution Article II, Section 38:
“Laws shall be passed providing for the prompt removal from office, upon complaint and hearing, of all officers, including state officers, judges and members of the general assembly, for any misconduct involving moral turpitude or for other cause provided by law; and this method of removal shall be in addition to impeachment or other method of removal authorized by the constitution.”

I am complaining, because if the courts will not enforce the law, then the people deserve to know just how broken Ohio’s justice system really is.

Song: Bang My Head, till the walls come down by David Esrati