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UPDATED - Jon Husted Asked for a Decision and Got One, Just Not the Right One

By The Pullins Group LLC

So a week ago, State Senator Jon Husted, the endorsed Republican candidate for Ohio Secretary of State, was awarded an extraordinary writ from the Ohio Supreme Court forcing current Secretary of State Jennifer Brunner to make a decision on a residency complaint filed against him.  The Court's opinion is here.  But as Jon learned today, there was a huge legal risk in this strategy. 

From time to time I have faced this same issue with clients in my own legal practice.  Here's how it works.  Judges and other government officials are generally required to issue decisions under certain timelines.  In the cases of judges, the Ohio Supreme Court sets guidelines on how long certain decisions should take.  Ohio judges, many who are under crushing caseloads, don't always meet those guidelines.

Most clients in the private sector don't understand such a scenario.  In the private sector most deadlines are mandatory.  Even worse, a client waiting on a decision from a court  is probably losing money each and every day the ruling is delayed.

Invariably a client facing this situation will come to me and ask if I can file something to make the judge issue a decision.  My answer is always the same.  I tell them that I can potentially obtain a court order from a higher court called a writ of procedendo requiring the judge to make a decision in their matter. 

But here's the hitch.  I can get an order requiring the judge to make a decision, but I can't get an order requiring the judge to make the right decision at least as far as my client is concerned.

Jennifer Brunner is a former judge.  She knows how this process works.  And she used that experience to give Jon Husted some serious schooling.  

UPDATE - HER DECISION IS HERE.

Full post as published by The Pullins Report on September 22, 2009 (boomark / email).