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Ohio Supreme Court justices impress Ravenna students

TRACEY BLAIR
Legal News Reporter

Published: October 3, 2014

It was attorney Mark Schlachet’s first time arguing before the Ohio Supreme Court.

“I felt the argument went well,” he told a group of several hundred high school students afterward. “But later today I’ll think of all the things I should have said.”

For the first time, Ravenna High School hosted oral arguments as the seven justices convened in official session there Sept. 24 as part of the Supreme Court’s biannual Off-Site Court Program.

Schlachet represented Jeffrey and Stacy Felix in a 2001 class action suit against Ganley Chevrolet (Felix v. Ganley Chevrolet, Case No. 2013-1746).

The couple is claiming their contract’s arbitration clause for their new Chevrolet Blazer violated the Consumer Sales Practices Act. Ganley’s lawyer, Joseph Castrodale, argued that nearly all other customers in the class have not suffered actual damages and cannot be included in a class action suit.

“I only argued before the Supreme Court once before and I lost it 4-3, so I hope this goes better,” Castrodale said.

Students appeared to pay rapt attention to the oral arguments and debriefing with attorneys on both sides afterward.

In a question-and-answer session, Ravenna High School senior Alex Gordon had the courage to verbally spar with Castrodale over his decision to even take Ganley’s case.

“If your interest rate went from 0 percent to a 1.9 percent rate hike, you wouldn’t be salty?” Gordon asked.

Castrodale attempted to explain there was more to it than that, but Gordon replied, “The other side has my vote,” garnering the student a round of applause from Schlachet’s table.

Other students’ questions included, “Do you guys get scared when you go up there?”

“Did you ever have to argue a case you didn’t personally agree with?”

“Was it awkward arguing in front of hundreds of high school students?”

Gordon hopes to be a firefighter rather than a lawyer, but said the justices impressed him nonetheless for traveling to Portage County to allow 1,200 students from 11 different schools to see them in action.

Select students also got a rare glimpse of the justices as human beings in a special session before the oral arguments began.

“It’s a very great experience for people who aspire to be lawyers,” Gordon said, adding that Justice William M. O’Neill was especially inspiring. “I really feel like (O’Neill) gave the kids something to hope for and made them shoot for their goals. Now, every time the doubt comes in their head — `I can’t do this!’ — they’re going to remember his words.”

O’Neill spoke about starting out at Ohio University as a dishwasher, going to nursing school at age 50 and being awarded the Bronze Star and the Army Commendation Medal for his service during the Vietnam War.

When a student asked justices for advice on what to do if you’re a senior who can’t afford to pay for college, O’Neill quipped, “The United States Army is looking for you. I firmly believe if you want to go to college, there is a way.”

Chief Justice Maureen O’Connor said the Ravenna group was the largest off-site oral argument in the program’s 69-year history.

O’Connor discussed being the first woman chief justice ever on the Ohio Supreme Court. She also answered some tough questions, such as if she ever meets with other state’s justices to discuss policy.

“We’re not a policy-making body,” she said. “Politics has no place on the bench. This court does not shy away from a tough case that may be politically sensitive.”

Justice Sharon L. Kennedy told students a judicial career is not always easy.

“The most difficult decisions I ever made was as a trial judge,” she said. “It really weighed heavily on me making custody decisions. I spent a lot of sleepness nights as a domestic relations court judge for 14 years.”

Kennedy added that death penalty cases are also extremely tough.

“When death penalty cases stop weighing heavily on me, I should be leaving,” she said.

Justice Paul E. Pfeifer provided wisdom mixed with some comic relief, joking about his bald head and the fact that his status as “most senior” justice is a nice way of saying he’s the oldest.

His most interesting case as a justice was one involving a skiing accident.

“I ski. I may not look like I can do that, but I do,” Pfeifer explained with a laugh.

Justice Judith Ann Lanzinger said she feels grateful to have been a judge for the past 30 years.

“We want you to come to Columbus and see the court in person,” she told the crowd, “but this is the next best thing.”

Portage County Domestic Relations Court Judge Paula C. Giulitto co-hosted the program with the Portage County Bar Association.

The high court heard two other oral arguments at the event.

The others involved a police officer’s warrant less use of a GPS tracking device (State v. Johnson, Case No. 2013-1973) and a medical malpractice suit (Smith v. Chen, Case No. 2013-2008).

The justices will rule on the cases at a later date.


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