Latest 2 Cases: State ex rel. Frank v. Clermont County Prosecutor (Education Law), State ex rel. Ware v. Akron (Government & Administrative Law)

The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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State ex rel. Frank v. Clermont County Prosecutor

Citation: 2021-Ohio-623

Opinion Date: March 9, 2021

Judge: Per Curiam

Areas of Law: Education Law

The Supreme Court denied the writ of mandamus sought by Andrew Frank to compel the production of public records from the Clermont County prosecuting attorney, holding that Frank did not show that he was entitled to the writ. Frank filed this original action seeking four specific items, including a "packet of information" sent to the Ohio State University Office of Student Life/Student Conduct (OSU), damages, costs and attorney fees. The prosecutor provided the records that had been sent to OSU, thereby mooting the primary claim in Frank's mandamus complaint. In a subsequent merit brief, Frank asserted that a writ of mandamus was necessary to compel the prosecutor to produce any additional responsive records that may exist. The Supreme Court denied the writ, holding (1) Frank failed to show that the prosecutor was currently withholding responsible documents; and (2) the prosecutor did not breach any obligation under the Public Records Act, and therefore, Frank was not entitled to attorney fees, statutory damages, or court costs.

State ex rel. Ware v. Akron

Citation: 2021-Ohio-624

Opinion Date: March 9, 2021

Judge: Per Curiam

Areas of Law: Government & Administrative Law

The Supreme Court granted a writ of mandamus compelling the City of Akron and its police chief (collectively, the City) to inform Kimani Ware, the relator in this action, of the cost for copying the public records he sought, holding that Ware was entitled to the writ. Ware, an inmate, sent two letters to the Akron Policy Department requesting various public records. When he did not receive a response Ware filed a complaint for a writ of mandamus. After receiving the complaint, the City responded to Ware with two letters. The City noted in an affidavit the total cost for copying the requested records and informed Ware that the records would be sent to him once he paid the requested amount. The Supreme Court granted the writ, holding (1) because the City was willing to provide copies of the records once Ware had paid for the copies, a writ compelling the City to provide the records was unnecessary; (2) this Court grants a writ ordering the City to provide the invoices to Ware so he may decide whether to pay for the copies; and (3) Ware was not entitled to $1,000 in statutory damages.