I received this comment from Mr. Steve Ridley. He has agreed to make it public on this blog.
mitted on 2012/12/12 at 12:45 pm
NOTE TO JILL CLARK: My next step will be to do exactly what you have done: Sue my county’s courts in federal court. Thus, any advice you could give to me would be greatly appreciated (as well as any publicity for my own website)! — Jonathan Zell
FOR Immediate Release: NOVEMBER 29, 2012
Columbus attorney declares war on the Franklin County (Ohio) Court of Appeals!
COLUMBUS, OHIO – In what some might see as an act of career suicide, Columbus attorney Jonathan Zell has declared war on the Franklin County Court of Appeals and is appealing to Ohio’s legal community for support in this David-versus-Goliath battle through the creation of a website that asks: “Was this court case fixed?”
Mr. Zell’s website — with the catchy title “OccupyTheFranklinCountyCourts.com” — can be found at: http://occupythefranklincountycourts.com/ .
The “OccupyTheFranklinCountyCourts.com” website begins by inviting all Ohio attorneys to read the second “Motion for Reconsideration” that Mr. Zell filed before the Franklin County Court of Appeals in the case of Michael Mindlin v. Eileen Zell. (In this case, Mrs. Zell was represented by the law firm of Frost Brown Todd and Mr. Zell, who is Mrs. Zell’s son, served as “of counsel.” Mr. Mindlin was represented by former Franklin County Common Pleas Court Judge Gregory Peterson.)
In his “Motion for Reconsideration,” Mr. Zell alleged (1) that a three-judge panel from the Court of Appeals composed of Judges Lisa Sadler, Judith French, and Julia Dorrian ignored the law and so misstated the facts of the case that it was equivalent to saying “black is white and white is black”; (2) that, without objection from opposing counsel, Mr. Zell had previously pointed out these or similar misstatements to the three-judge panel; and (3) that the three-judge panel still went ahead and made the misstatements anyway.
To emphasize these points, the motion cited legal articles carrying such titles as “The Ultimate Injustice: When a Court Misstates the Facts” and “When the ‘Umpire’ Is Playing for the Other Team.”
Then, the website invites Ohio’s attorneys to take an anonymous “Ohio Attorney Survey,” which asks: “Do you think the case of Michael Mindlin v. Eileen Zell was ‘fixed’ (i.e., decided on other than its merits)?” The results of this survey are then shown in real time on the website.
Finally, the website also contains a proposed Ohio voter initiative that seeks to criminalize judicial case-fixing. Under this initiative, it would be a felony for a judge knowingly or recklessly to make a material misstatement of fact in a judicial decision. Moreover, if one of the parties had previously pointed out this misstatement to the judge (as Mr. Zell has repeatedly done in the instant case), but the judge still went ahead and made the misstatement anyway, then there would be a conclusive presumption that the judge had made the misstatement knowingly or recklessly.
So, as we said at the beginning, Mr. Zell has declared war on the Franklin County Court of Appeals.
To visit the website “OccupyTheFranklinCountyCourts.com” — at least to see the live results of how other lawyers are voting on the “case fixed” or “not fixed” issue — you may click on the following link: http://occupythefranklincountycourts.com/ .
– OccupyTheFranklinCountyCourts.com, LLC
CONTACT: Jonathan Zell, Attorney-at-Law, 5953 Rock Hill Road, Columbus, OH 43213, tel. (614) 864-2292, E-mail: Jonathan_Zell@yahoo.com