green
Positive treatment
10.6 score
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Disciplinary Counsel v. Rudduck
(2×)
The “‘[r]ules adopted by this court in an administrative capacity must comply with the state and federal constitutions like any other rules.’” Id., quoting Christensen v. Bd. of Commrs. on Grievances & Discipline, 61 Ohio St.3d 534, 537 (1991). {¶ 39} “Because it is our own rule[s] that [are] at issue, we are obligated in the first instance to ensure that the rule[s] comport[] with constitutional guarantees.” In re Application of Jones, 2018-Ohio-4182, ¶ 34 (DeWine, J., concurring in judgment only).
discussed
Cited as authority (rule)
State ex rel. New Riegel Local School Dist. Bd. of Edn. v. Ohio School Facilities Comm.
Additionally, “’[c]onstitutional questions will not be decided until the necessity for a decision arises on the record before the court.’” Christensen v. Bd. of Commrs. on Grievances & Discipline, 61 Ohio St.3d 534, 535 , 575 N.E.2d 790, 791 (1991), quoting State ex rel.
discussed
Cited as authority (rule)
Howard v. Spore
Forsyth v. Brigner (1999), 86 Ohio St.3d 299, 300 , 714 N.E.2d 922, 923-924 (“A plain and-adequate remedy in the ordinary course of law precludes extraordinary relief in mandamus”); cf. Christensen v. Bd. of Commrs. on Grievances & Discipline (1991), 61 Ohio St.3d 534, 537 , 575 N.E.2d 790, 792 ("[The] disciplinary procedure is the equivalent of [an] appeal * * * and is an adequate remedy at law”).
discussed
Cited as authority (rule)
Howard v. Spore
Forsyth v. Brigner (1999), 86 Ohio St.3d 299, 300 , 714 N.E.2d 922, 923-924 (“A plain and adequate remedy in the ordinary course of law precludes extraordinary relief in mandamus”); cf. Christensen v. Bd. of Commrs. on Grievances & Discipline (1991), 61 Ohio St.3d 534, 537 , 575 N.E.2d 790, 792 (“[The] disciplinary procedure is the equivalent of [an] appeal * * * and is an adequate remedy at law”).
discussed
Cited "see"
In RE Application of JONES.
(2×)
See Christensen , 61 Ohio St.3d 534 , 575 N.E.2d 790 . {¶ 40} The Fourteenth Amendment to the federal Constitution also has been held to protect the right of an individual to pursue and continue in a chosen occupation free from unreasonable government interference.
discussed
Cited "see, e.g."
In Re A.c, Unpublished Decision (9-12-2007)
See, also, Christensen v. Bd. of Commrs. on Grievances *Page 18 Discipline (1991), 61 Ohio St.3d 534 , 535 . ("Constitutional questions will not be decided until the necessity for a decision arises on the record before the court.") Given our resolution of the third assignment of error, it is not necessary to consider the constitutionality of R.C. 2151.414 (B)(1)(d).
Retrieving the full opinion text from the archive…
Richards
v.
Board of Education, Akron Public Schools
v.
Board of Education, Akron Public Schools
No. 91-772.
Ohio Supreme Court.
Aug 21, 1991.
Edward C. Maher, for appellant., Buckingham, Doolittle & Burroughs and Dean E. Westman, for appellee Akron Board of Education., Max Rothal, Director of Law, and Elaine B. Davidson, Assistant Director of Law, for appellee Akron Civil Service Commission.
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright.
Published
This cause is reversed and remanded on authority of Nuspl v. Akron (1991), 61 Ohio St.3d 511, 575 N.E.2d 447,
Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.