Court of Appeals hears cases in Van Wert

DAVE MOSIER/independent editor

The Ohio Third District Court of Appeals visited Van Wert on Tuesday to hear two cases in the renovated Van Wert County Common Pleas Courtroom. The appellate court judges, who visited the city at the request of Judge Charles D. Steele, did so for the first time in nearly a decade.

Students from Van Wert and Wayne Trace high schools were also in attendance to learn how the appellate court hears cases. Lincolnview and Crestview students had also planned to attend, but those schools were on a three-hour delay because of foggy weather.

Teachers were given summaries of each case to be heard prior to Tuesday’s session, so they could go over the cases in class.

Judge Vernon Preston, the presiding judge of the appeals court, said Tuesday that having students at the sessions is part of the court’s education component. “Many students make the decision to become an attorney, and so forth, when they are in high school, so we think it’s important to give them a chance to see how the system works,” he said. “Most people, if they’re involved at all with the judicial system, it might be in municipal court with a speeding ticket; very few people know what the court of appeals does.”

In addition to holding sessions in various courts in its 17-county district — the largest in Ohio — the Ohio Third District Court of Appeals also holds an annual session at Ohio Northern University in front of law school students.

The Lima-based appeals court, one of 12 around the state, has four judges — Preston, Stephen Shaw, John Willamowski and Richard Rogers — but convenes three-judge panels to decide cases.

While in Van Wert on Tuesday, Judge Preston, Judge Willamowski, the court’s administrative judge; and Judge Shaw, the longest-serving judge on the court with more than 25 years experience, heard oral arguments on two appeals cases. Judge Rogers also made the trip and sat in the audience during presentation of the cases, but also answered questions after oral arguments were held.

The appeals cases included a dispute over the siting of power poles involving Ohio electric power provider Toledo Edison against the Defiance County Board of Commissioners, and a criminal case involving Corey Perkins, a man convicted of three rape counts in Hancock County who was seeking to overturn his conviction.

Judge Preston said it’s often hard to find a case — especially in the criminal area — that is appropriate for a high school audience. “Today was tough enough,” the judge noted, while also adding: “We thought this one could be very instructive for some of the students, and some of the things they might be getting into if they put alcohol and social life together.”

Attorneys representing the plaintiffs and defendants in each case had previously written lengthy legal briefs stating their client’s position. On Tuesday, attorneys representing each side made 15-minute presentations in a debate-style format, including the option to set aside time for rebuttal.

Moreover, unlike a trial judge, whose job is primarily to preside over a case, decide legal questions that arise and provide instructions to the jury, appellate judges, including justices on the Ohio and U.S. Supreme Courts, are actively involved in the oral argument presentations and often interrupt attorneys to ask questions about legal aspects of attorneys’ written briefs and oral arguments.

Also unlike a trial court, an appellate court bases its decision on “assignments of error” presented by the appellant — the person making an appeal – that substantiate their position that justice wasn’t done in the case.

Appellate court judges also have to decide if errors cited in an appeal were sufficient to overturn a trial court decision or whether they constituted “harmless error”: errors that could not have affected the outcome of the case.

Judge Preston said that minor errors often occur in trial court proceedings, but stressed that only errors that could affect the outcome of a trial are important during appeal. “A defendant is entitled to a fair trial, not a perfect trial,” the judge said following the end of oral arguments on Tuesday.

Judge Preston also said the case involving Toledo Edison and the Defiance County commissioners was interesting because it involved case law that had been adopted in the late 1950s.

In addition to talking about the court’s reason for the visit, and its duties, Judge Preston was appreciative of the efforts of the local bar association (attorney organization), which helped set up the session in Van Wert. Local attorneys also organized a luncheon and reception at Willow Bend Country Club following the hearing of oral arguments and a question-and-answer session afterward.

All of the appeals court judges also had good words to say about the recent renovations to the Common Pleas Courtroom that included refurbishing the courtroom’s massive stained-glass dome.