Court News Ohio
Court News Ohio
Court News Ohio

Three Visiting Judges Hear Oral Arguments Remotely

Image of a female judge and two male judges

Eighth District Court of Appeals Judge Eileen A. Gallagher (top), Fifth District Court of Appeals Judge W. Scott Gwin (middle), and Tenth District Court of Appeals Judge William A. Klatt (bottom)

Image of a female judge and two male judges

Eighth District Court of Appeals Judge Eileen A. Gallagher (top), Fifth District Court of Appeals Judge W. Scott Gwin (middle), and Tenth District Court of Appeals Judge William A. Klatt (bottom)

Three judges from appeals courts throughout the state served as visiting judges on the Ohio Supreme Court for oral arguments.

Tenth District Court of Appeals Judge William A. Klatt heard a case Wednesday involving whether a medical malpractice lawsuit can be filed after the state’s four-year time limit.

Judge Klatt replaced Justice R. Patrick DeWine, who recused himself from Case No. 2019-1560, Robert Wilson et al. v. Abubakar Atiq Durrani M.D. et al.

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.

“It is always a privilege and great pleasure to sit by assignment on the Supreme Court of Ohio,” Judge Klatt said.

Since 2002, Judge Klatt has served on the appellate bench. He previously served as chief legal counsel to Gov. Bob Taft. He received his bachelor’s degree from Miami University and his law degree from the University of Notre Dame.

Fifth District Court of Appeals Judge W. Scott Gwin served as a visiting judge on the same case, replacing Justice Patrick F. Fischer, who recused himself. The case is from the First District Court of Appeals in Hamilton County.

“It was a pleasure and a privilege to be selected by the Supreme Court on an extremely important case,” Judge Gwin said.

Judge Gwin has served the Fifth District since he was first elected in 1988. Prior to sitting on the bench, Judge Gwin served as an assistant attorney general for the state of Ohio and was in private practice. He received his bachelor’s degree from John Carroll University and his law degree from the University of Akron School of Law.

Eighth District Court of Appeals Judge Eileen A. Gallagher also served as a visiting judge on the Court on Wednesday, hearing a case involving the question of when a hearing must take place to review juvenile sex-offender classifications.

Judge Gallagher sat in for Justice Fischer, who recused himself from Case No. 2019-1325, In re R.B.

“It is always an honor and a privilege to join the Court, and this was a particularly interesting experience in joining them remotely,” Judge Gallagher said. “The leadership of Chief Justice (Maureen) O’Connor during these unprecedented times has been inspirational in that she has insured the continuity of justice in the state of Ohio and should make us all proud to be part of such a judiciary.”

Judge Gallagher was first elected to the Eighth District in 2010 and re-elected in 2016. She was a lawyer in private practice when she was elected as a Cuyahoga County Common Pleas Court judge in 1996. She has been twice re-elected.

Judge Gallagher received her bachelor’s degree from Ohio Dominican College and her law degree from the Cleveland-Marshall College of Law.

The Eighth District serves Cuyahoga County, the Tenth District serves Franklin County, and the Fifth District serves 15 counties in central Ohio. The state’s appellate courts hear cases from county, municipal, and common pleas courts as well as original actions in habeas corpus, mandamus, prohibition, procedendo, and quo warranto.