Court News Ohio
Court News Ohio
Court News Ohio

Fifth and Twelfth District Judges Hear Supreme Court Cases

Image of Fifth District Court of Appeals Judge Shelia G. FarmerImage of Twelfth District Court of Appeals Judge Michael E. Powell

From top: Fifth District Court of Appeals Judge Shelia G. Farmer and Twelfth District Court of Appeals Judge Michael E. Powell.

Image of Fifth District Court of Appeals Judge Shelia G. FarmerImage of Twelfth District Court of Appeals Judge Michael E. Powell

From top: Fifth District Court of Appeals Judge Shelia G. Farmer and Twelfth District Court of Appeals Judge Michael E. Powell.

Fifth District Court of Appeals Judge Sheila G. Farmer and Twelfth District Court of Appeals Judge Michael E. Powell served as visiting judges on the Ohio Supreme Court today and heard oral arguments in two separate cases.

Judge Farmer replaced Chief Justice Maureen O’Connor who recused herself from State v. De’Argo Griffin (Case Nos. 2013-1129/2013-1319). The cases are about what the proper jury instruction for defining “enterprise” is if there is an alleged pattern of corrupt activity.

According to the Ohio Constitution, in the event of a recusal by a justice, the chief justice can select any of the 69 sitting Ohio appellate court judges to sit temporarily on the Supreme Court. As the senior associate justice, Justice Paul E. Pfeifer named Judge Farmer to sit in place of Chief Justice O’Connor in this case.

Judge Farmer last served as a visiting judge on the Supreme Court in October 2006.

“It has always been my great honor to sit by assignment on the Supreme Court,” Judge Farmer said. “It gives an appellate judge a different view, and I truly appreciate the respect that the justices give to the visitors.”

“I have sat many times but the most memorable was when the new building was first opened.  I was the first visitor to the new bench,” she added.

Judge Farmer has served on the appellate bench since 1992. Prior to serving at the appellate level, she served 5 years as presiding judge in the Massillon Municipal Court and 10 years on the Stark County Common Pleas Court bench. Judge Farmer has also served as an assistance prosecutor for Cleveland, Canton, and Stark County.

The Fifth District Court of Appeals serves 15 counties in central Ohio, and hears cases from county, municipal and common pleas courts as well as original actions in habeas corpus, mandamus, prohibition, procedendo and quo warranto.

Twelfth District Court of Appeals Judge Powell replaced Justice Sharon L. Kennedy who recused herself from SER Plunderbund Media, LLC v. Thomas P. Charles [John Born], Director, Ohio Department of Public Safety (Case No. 2013-0596). The case is about whether investigations of threats against public officials are public record.

This was Judge Powell’s first time sitting on the state’s highest court.

"I was excited and privileged for the opportunity to sit on Ohio's highest court and to participate in a case that will contribute significantly to our state's public records law jurisprudence," Judge Powell said.

Judge Powell was appointed to the appellate bench in October 2012 and was subsequently elected a month later. Prior to serving on the Twelfth District Court of Appeals, Judge Powell served as the Warren County’s Probate and Juvenile Court judge since April 2000, and as a Warren County assistant prosecutor from 1979 until April 2000. He received his law degree from the Ohio Northern College of Law.

The Twelfth District Court of Appeals serves eight counties in southwest Ohio.