Appeals court affirms Clinton County decision
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The Twelfth District Court of Appeals has affirmed the decision of the Clinton County Common Pleas Court dismissing a former assistant public defender's case for lack of jurisdiction.
In March 2007, Inza E. Johnson-Hebb was fired from her position as an assistant public defender under Clinton County Public Defender, Joseph Dennis. Johnson-Hebb appealed her termination to the State Personnel Board of Review (SPBR) for review, claiming that she did not have a fiduciary relationship with Dennis. The trial court agreed with SPBR's decision that a fiduciary relationship existed. On appeal, Johnson-Hebb argued that the trial court erred in upholding SPBR's decision.
Writing for a unanimous court, visiting Judge James A. Brogan held that the trial court did not err in concluding that Johnson-Hebb had a fiduciary relationship with Dennis. In so holding, the court found that Johnson-Hebb had nearly complete autonomy over her work schedule, and that she could freely enter plea agreements, file documents with the court and manage her own cases without supervision from Dennis. Visiting Judges Mike Fain and Jeffrey E. Froelich concurred in Judge Brogan's opinion. The Twelfth District Court of Appeals affirmed the decision of the Clinton County Common Pleas Court dismissing Johnson-Hebb's case for lack of subject matter jurisdiction.
The Twelfth District Court of Appeals has affirmed the decision of the Clinton County Common Pleas Court dismissing a former assistant public defender's case for lack of jurisdiction.
Accoring to the court, in March 2007, Inza E. Johnson-Hebb was fired from her position as an assistant public defender under Clinton County Public Defender, Joseph Dennis. Johnson-Hebb appealed her termination to the State Personnel Board of Review (SPBR) for review, claiming that she did not have a fiduciary relationship with Dennis. The trial court agreed with SPBR's decision that a fiduciary relationship existed. On appeal, Johnson-Hebb argued that the trial court erred in upholding SPBR's decision.
Writing for a unanimous court, visiting Judge James A. Brogan held that the trial court did not err in concluding that Johnson-Hebb had a fiduciary relationship with Dennis. In so holding, the court found that Johnson-Hebb had nearly complete autonomy over her work schedule, and that she could freely enter plea agreements, file documents with the court and manage her own cases without supervision from Dennis. Visiting Judges Mike Fain and Jeffrey E. Froelich concurred in Judge Brogan's opinion.
The Twelfth District Court of Appeals affirmed the decision of the Clinton County Common Pleas Court dismissing Johnson-Hebb's case for lack of subject matter jurisdiction.
[[In-content Ad]]The Twelfth District Court of Appeals affirmed the decision of the Clinton County Common Pleas Court dismissing Johnson-Hebb's case for lack of subject matter jurisdiction.