DeRolph v. State, 94 Ohio St. 3d 40

Summary

The Ohio Supreme Court rejects the State’s objections to the participants and counsel identified for a court-ordered settlement conference in the DeRolph school-funding litigation. The court holds that the State waived objections to separate counsel for certain officials, explains that mediation is distinct from litigation and should include representatives of relevant legislative interests, and denies the Attorney General’s request for a status conference.

Holdings

1. The state waived its right to challenge the separate appearance of the officials and representatives identified in the court's mediation order because it had acquiesced in those attorney-client designations for approximately six years and had accepted the benefits of separate amicus appearances.
2. A court-ordered settlement conference under S.Ct.Prac.R. XIV(6) is a separate and independent alternative-dispute-resolution mechanism and is not litigation.
3. It was appropriate to include the Governor, legislative leaders, and a representative of the legislative minority in the mediation because the State of Ohio includes the General Assembly and effective resolution of a public-policy dispute requires representation of stakeholders with authority or influence to implement a settlement.
4. The Attorney General could not represent both the state officials supporting the defendants' position and minority-party representatives supporting the plaintiffs' position at the same time if doing so created an unacceptable conflict of interest.
5. The Attorney General's request for a status conference was denied at that time.

Questions Presented

1. Whether the state waived its objection to the separate appearance and representation of the Governor, legislative leaders, and minority-party representatives.
2. Whether a court-ordered settlement conference under S.Ct.Prac.R. XIV(6) is a litigation proceeding that restricts participation to formal parties and their governmental counsel.
3. Whether representatives of the Governor, majority and minority legislative interests, and other stakeholders could appropriately participate in the court-ordered mediation.
4. Whether the Attorney General's request for a status conference should be granted.

Disposition

other