On Monday, August 4, 2025, Bobbie Scales filed a petition for a writ of mandamus and prohibition in the Supreme Court of Ohio against Judge Richard J. McMonagle of the Erie County Court of Common Pleas. The petition alleges that Judge McMonagle failed to fulfill his legal duty by not ruling on Scales’ Emergency Motion to Strike a defendant’s untimely answer and for default.
Scales, representing herself, contends that Judge McMonagle dismissed her claims without addressing her pending motion, thereby violating her rights under Ohio Civil Rules and the due process guarantees of the Ohio and U.S. Constitutions. The document outlines specific grievances, including the judge’s alleged premature dismissal of claims involving another judge, Tygh M. Tone, before Scales had an opportunity to respond.
According to the petition, Scales attempted to file an Entry of Default on July 7, 2025, but her submission was initially rejected by a deputy clerk, which she claims lacked legal justification. A subsequent filing was accepted, but Scales asserts that the document was altered without her consent. She alleges that these actions demonstrate a pattern of procedural misconduct and judicial suppression.
The petition specifies that on July 15, 2025, Judge McMonagle issued a dismissal order without ruling on Scales’ emergency motion or addressing the alleged misconduct of court clerks. This dismissal, according to Scales, undermines the fairness of the judicial process and raises concerns about a potential conflict of interest involving Judge McMonagle.
Scales has filed several documents in support of her petition, including affidavits detailing her experiences and emotional distress caused by the ongoing legal proceedings. She seeks to have the Supreme Court compel Judge McMonagle to perform his duties and to prohibit him from acting beyond his jurisdiction.
A copy of the original filing can be found here.
