On Tuesday, February 20, 2024, Jonathan S. Monroe filed a writ of procedendo with the Supreme Court of Ohio against Judge Brian C. Driscoll of the Clark County Court of Common Pleas.

Monroe, who is currently an inmate at the Clark County Jail, claimed in his filing that Judge Driscoll has failed to rule on a motion to strike filed over four months ago regarding Monroe’s eligibility for judicial release. According to the documents, Monroe filed a motion to strike on September 25, 2023, arguing that he was not statutorily eligible for an attorney’s motion for judicial release. However, Monroe says the court clerks could not find any records of this filing.

He further alleges that copies of the motion were hand delivered again in October, but Monroe was not provided a timestamped copy for his records. Fearing the motion was not being properly addressed, Monroe filed a motion to set a date for a decision on November 13, 2023. However, as of February 20, 2024, Judge Driscoll still had not ruled on the original motion to strike.

In his writ filing, Monroe argued he has a clear legal right under Ohio law to require the trial court to proceed on pending matters. He claims Judge Driscoll has a clear legal duty to rule promptly but has refused to enter judgment or unnecessarily delayed proceedings. Monroe stated that any further delay by the judge or court clerks would deprive him of his legal remedies and constitute an abuse of discretion.

If granted, the writ of procedendo would order Judge Driscoll to immediately rule on Monroe’s outstanding motion to strike. As precedent, Monroe cited a 2004 Ohio Supreme Court case, which held that a lower court’s failure to timely dispose of a pending action is what the writ is intended to remedy.

It remains to be seen whether the Ohio Supreme Court will accept jurisdiction over the case and issue the writ compelling a ruling from Judge Driscoll after more than four months without a decision.

Judge Driscoll’s courtroom is located at 101 N Limestone St, Springfield, OH 45502, and can be reached at (937) 521-1680.

A copy of the original filing can be found here.