Judge Johnson files legal action

The attorney for Hancock County Probate and Juvenile Court Judge Kristen Johnson has filed legal action with the Third District Court of Appeals, Lima, against the Hancock County Commissioners. The action seeks movement in Johnson's previous request to construct a new court building in Findlay. Paul Giorgianni, a Columbus attorney, filed the action last month. The commissioners are being represented by Steven Friedman, a Cleveland attorney with Squire, Patton and Boggs. Commissioner Tim Bechtol said Monday that the commissioners have been directed to send all inquiries for comment to Friedman. The five-page document includes a purpose and lists the facts of the request: from Johnson being elected judge in 2014, to the evaluation of the building making it cost-prohibitive to renovate the structure suitable for the court, to planning for construction of a new building. The county borrowed $7.8 million and has additional money set aside to fund the improvement. Garmann-Miller architects developed plans, and the next step is seeking bids for construction. But the commissioners have been unable to discuss the issue, as two attempts to seek action on a resolution to advertise for bids have failed for a lack of a second — initially on June 18, and again on July 30. On July 20, Johnson issued court orders stating the commissioners must provide a "suitable facility to house the court" by January 2022; that the 25,000-square-foot facility be within Findlay City limits; and that solicitation of construction bids be done by July 31. Since the requests have not been met, a writ of mandamus was requested as: the commissioners have a legal obligation to provide suitable court space; the commissioners are in breach of the legal obligation; the court has a legal right to have the commissioners comply; and the writ of mandamus is the "appropriate remedy — indeed, the only remedy, there being no remedy in the ordinary course of the law." A "writ of mandamus," according to Investopedia.com, is a "court order issued by a judge at a petitioner's request compelling someone to execute a duty that they are legally obligated to complete. A writ can also be issued when the authority of a higher court is required to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion. The writ of mandamus can be used to order a task to be completed, or in other cases, it may require an activity to be ceased." Further, the site says a writ of mandamus can be made "without completing the judicial process or before a case has concluded." As a result, Johnson requests the appeals court "issue a peremptory, permanent writ of mandamus compelling (the commissioners): • To comply by Jan. 31, 2022, "with their legal duty to provide suitable space to house the Hancock County Court of Common Pleas Juvenile and Probate Divisions; • To pay all attorney fees and other legal expenses incurred with respect to the subject matter of this controversy by (Johnson) after June 25 and up through and beyond a final judgement in this mandamus action; • "Otherwise order (commissioners) to pay all of the attorney fees, other litigation expenses and court costs incurred by (Johnson) with respect to this mandamus action; • "Provide such other relief as may be warranted." Friedman's office did not return calls for comment Monday.