Grendell Drops Efforts to Hold McArthur in Contempt
County taxpayers footing more than $19,545 in legal fees
“Ms. McArthur achieved the only thing the court of appeals could have given her, which was to prohibit the judge from calling her into court for the purposes he intended.” – Attorney Nancy Schuster
The Geauga County Juvenile Court has decided not to pursue holding the Geauga County Republican Party chairwoman in contempt or ordering her to appear in court.
On July 13, Judge Tim Grendell dismissed a subpoena and order to show cause he issued Dec. 31, 2014, requiring Nancy McArthur to appear before him on Jan. 8 for the purpose of providing witness testimony and explaining why she should not be held in contempt for allegedly speaking ill of him to a family member of a juvenile court litigant.
McArthur successfully fought the subpoena and order, and the 11th District Court of Appeal on Jan. 8 prohibited Grendell from issuing any order of contempt against her for voicing her opinions about him or holding any hearing pending further court order.
In his one-page order, Grendell said McArthur was not related to any party in the underlying juvenile court case and was “not necessary” to the ongoing litigation of that case.
He also said McArthur was not in violation of any juvenile court order and that “proceeding any further is not warranted.”
As a result of Grendell’s decision to dismiss his subpoena and show cause order, McArthur agreed to dismiss her appellate court case. The costs of that case were charged to Grendell and the juvenile court.
“Ms. McArthur achieved the only thing the court of appeals could have given her, which was to prohibit the judge from calling her into court for the purposes he intended,” McArthur’s lawyer, Nancy Schuster, said July 16.
A day earlier, a juvenile court spokesperson said Grendell would not make any specific comments about the case.
However, the court did issue the following general statement in an email to the Geauga County Maple Leaf: “Judge Grendell’s focus has always been the protection of a young child in a child protection case. The court’s order speaks for itself. The proceedings in the child protection case no longer warrant further action involving Ms. McArthur.”
Grendell also attached to the email a four-page article he submitted to the Geauga County Bar Association last month for publication in its July newsletter.
The article presents a hypothetical fact pattern similar to the McArthur case and espouses the judge’s view of the law and his justification for seeking to hold McArthur in contempt.
Bar association President J. Jaredd Flynn, of Thrasher, Dinsmore and Dolan, had not returned a telephone call Monday seeking comment on the bar association article and the process of approving articles for publication.
A visiting panel the Ohio Supreme Court appointed in April to preside over McArthur’s appellate court case, however, effectively rejected Grendell’s view of the case.
In denying a request Grendell made to dismiss McArthur’s complaint, the panel unanimously found her allegations, if true, would prohibit Grendell from ordering her to appear in his courtroom or being found in contempt.
Private counsel was appointed to represent Grendell and his court in the case because Geauga County Prosecutor Jim Flaiz declined representation.
Flaiz told the Cleveland Plain Dealer in January that, as a lawyer, he was bound by certain ethical rules.
“And that prevented me from representing the judge in this matter,” he said. “But the judge is also my client, so I cannot comment further because that could also violate ethical rules.”
Attorney Abraham Cantor was appointed to represent Grendell, but the judge replaced him with attorney Stephen Funk, of the Akron law firm Roetzel & Andress, shortly after the court of appeals denied his motion to dismiss McArthur’s complaint.
Through May 21, Grendell’s pursuit of McArthur has cost the county $19,545 in legal fees, said Heidi Delaney, Geauga County Commissioners’ budget and finance manager.
“As this has been on ongoing case until just recently, I would assume that we will be receiving additional invoices . . ., however, I have no way of estimating what those charges would be at this time,” she added.
The billing rate for Funk, as reflected on the invoice the commissioners’ office received from Roetzel & Andress, is $375 per hour.
