I'm dismayed by the Petro-Blackwell
campaign to punish the four lawyers who challenged the
Ohio election result.
Ohio law does not authorize sanctions against
attorneys in this type of case. And judging from
the wheelbarrows-full of evidence suggesting election
fraud, the lawsuit was anything but frivolous.
Moreover, Ohio Supreme Court Chief Justice Moyers
must remove himself from making any decision in the
case. Ohio Revised Code Section 3515.08 says that the
hearing on a contested election is to be heard by the
Chief Justice "except that in a contest for the office
of chief justice of the supreme court, such contest
shall be heard by a justice of such court designated
by the governor."
So Chief Justice Moyers' dismissal of the original
lawsuit, which challenged both his own election and
that of President Bush, was not his decision to make.
And any decision he makes to punish the lawyers who
brought the challenge to his election will be legally
unacceptable.
I respectfully ask the Chief Justice to remove
himself from the case and let Governor Taft appoint
someone to make the sanctions decision. If the law
isn't there to be followed, then what is it for?
Terry Lodge
Attorney at Law
Toledo, OH
To the Editor: