Thursday, November 19, 2009

"Special counsel" issue in Hamilton County, Ohio

Two of Hamilton County, Ohio's three county commissioners last week filed a petition with the Ohio Supreme Court asking that the high court block an order issued by the same county's court of common pleas, directing the Board to terminate using an outside law firm to represent the County in matters relating to various riverfront developments, including its "Banks Project." (Article)

The order, signed by 12 of the County's 16 common pleas court judges – all named in the Commissioners' complaint – was drawn last October 15th.; the Commissioners are saying that the Court doesn't have jurisdiction to issue such an order.

That termination, the Commissioners' complaint says, would deprive the Board of "long-standing, court-approved counsel in the redevelopment of the Cincinnati riverfront, which by its very nature involves complex legal issues," and that, further, "Sections 305.14(A) and 305.17 of the Ohio Revised Code, which govern the Board's attorney-client relationship with special counsel, preclude the Court of Common Pleas from terminating thc Board's counsel or purporting to prohibit its compensation."

Portions of §309.09 and 309.10 are in pertinence and mentioned.

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