On Wednesday, January 3, 2024, Michael W. Bradley filed a verified complaint for original action and petition in mandamus with the Supreme Court of Ohio. The complaint names Judge Elinore Marsh Stormer of the Summit County Probate Court and the probate court itself as respondents.
Bradley is seeking a writ of mandamus to remove Judge Stormer from any further participation in the guardianship case of Marshall Hudson, who is currently under guardianship through Adult Guardianship Services of Summit County. Bradley believes Judge Stormer has displayed bias against him or in favor of Hudson’s family.
The complaint stems from a guardianship established in February 2023 over Hudson, who has a severe mental illness. Bradley has known Hudson since 1997 and has advocated for his care and treatment over several years. He alleges various social services and mental health agencies have failed to properly help Hudson. Last year, Hudson lost most of his fingers due to frostbite after being unable to care for himself.
Bradley filed complaints over the years with little success. He tried to get the court to recognize the need for a guardian in 2020 but was unsuccessful. After Hudson’s commitment earlier this year, various guardian arrangements were made but Bradley argues they did not adequately address Hudson’s needs. He believes if action had been taken on his earlier complaints, Hudson’s condition may have been prevented from deteriorating further.
The complaint alleges biases and irregularities in the guardianship hearing process. It claims Bradley was improperly told he had to appear in person for a hearing held by phone. Hudson was also not able to request Bradley be involved. Bradley is asking to be appointed as guardian over Hudson’s person and estate instead, arguing he has long advocated for Hudson and understands his conditions and needs.
Bradley submitted a number of exhibits with his complaint, including earlier filings with the probate court and photos of injuries Hudson sustained. He believes the current arrangement has failed and only someone familiar with Hudson’s extensive case history can properly serve as his guardian.
The complaint calls for a special master to investigate the conduct of attorneys over the past three years regarding Hudson’s representation and care. It remains to be seen how the Ohio Supreme Court will proceed with this mandamus action regarding the guardianship of Marshall Hudson.
Elinore Marsh Stormer is the judge for the Summit County Court of Common Pleas Probate Division in Akron, Ohio. She was elected to the court in November 2012.
A copy of the original filing can be found here.