On Tuesday, November 12, 2024, Heather Sadosky filed a complaint in the Ohio Supreme Court against Judge Kani H. Hightower of the Summit County Court of Common Pleas. The complaint, which seeks a writ of mandamus and procedendo, alleges that Judge Hightower has failed to rule on several pending motions in Sadosky’s ongoing domestic relations case.
Sadosky, who is a litigant in case DR-2020-03-0758, claims that the judge’s inaction has caused significant delays in resolving issues stemming from her divorce from Frank Sadosky. The complaint details a series of events beginning with the couple’s divorce decree, finalized on September 17, 2021, which included a separation agreement allowing modifications if done in writing by both parties.
The complaint states that Sadosky filed a motion on August 5, 2022, to address her former husband’s alleged violations of the court’s orders. This motion led to an evidentiary hearing held on March 15, 2023, before Chief Magistrate Elisa Hill. Following the hearing, the parties reached a settlement, which was presented to the court on March 17, 2023. However, the agreed judgment entry was never signed by Judge Hightower, leading to further complications.
On April 26, 2023, Sadosky received an email indicating that Judge Hightower would not sign the proposed agreed judgment entry. The complaint asserts that this communication was not filed with the court, leaving Sadosky without a clear record of the judge’s decision. The filing and processing of magistrate decisions in the Summit County Domestic Relations Court, as outlined in the complaint, is described as problematic, with delays in docketing and a lack of transparency regarding the status of decisions.
The complaint highlights additional motions filed by Sadosky in June and October 2023, which also remain pending. In response to these motions, Sadosky states that she has attempted to seek clarity from the court but has received no substantive responses. On March 28, 2024, during a hearing on a separate matter involving her former husband’s objections to a Child Support Enforcement Agency (CSEA) order, Chief Magistrate Hill confirmed that Sadosky’s motions were still outstanding.
The complaint further details that Judge Hightower stamped “denied” on a proposed order submitted on June 25, 2024, regarding case management, which Sadosky argues constitutes a nullity and fails to provide any actionable ruling. Sadosky claims that the judge’s actions, particularly the lack of formal rulings, have impeded her ability to enforce her rights under the separation agreement and have left her in a state of uncertainty regarding her legal standing.
The complaint asserts that the delays in ruling on the motions have exceeded two years, significantly affecting Sadosky’s rights to enforce child support and other agreed-upon terms from her divorce. Sadosky’s attorney, Mary E. Randazzo, argues that the inaction by Judge Hightower constitutes an undue delay and requests that the Ohio Supreme Court intervene to compel the judge to fulfill her judicial duties.
In her legal relief request, Sadosky seeks a writ of mandamus to compel Judge Hightower to correct the court record and to rule on the pending motions. Additionally, she seeks a writ of procedendo to ensure that the judge addresses the motions before her, emphasizing that the court must fulfill its responsibility to enter judgments.
Judge Hightower was elected as a Summit County Domestic Relations Court Judge on November 8, 2022. She previously served as a magistrate at the Akron Municipal Court and has over fourteen years of experience as a private trial attorney, focusing on family, juvenile, and criminal law. Hightower is also an adjunct professor at the University of Akron Law School and has a history of advocating for indigent and underrepresented clients. Prior to her legal career, she was Clerk of Council for the City of Aurora, Ohio.
A copy of the original filing can be found here.