On Monday, March 18, 2024, Shardaye Bey filed a petition for a writ of mandamus with the Supreme Court of Ohio. The filing names Judge Tygh M. Tone of Erie County Court of Common Pleas as the respondent.

In the petition, Bey outlines several issues surrounding a case originally heard by Judge Tone. According to the filing, Bey attempted to hand deliver an emergency ex parte motion regarding the case on March 12th. However, the motion was rejected by the clerk of court. Bey then mailed the motion to Judge Tone.

Bey argues that Judge Tone lacks standing in the case and committed various federal crimes in his handling of it. The petition lists embezzlement of a bankruptcy estate, bank fraud, money laundering, extortion, theft and fraudulent conveyance of a deed as the alleged crimes. Bey asserts that Judge Tone acted as a “judicial trespasser” outside the bounds of the law.

In the petition, Bey claims to have a clear legal right to the requested relief based on bankruptcy laws giving a trustee sole authority over certain cases and causes of action. Bey cites statutes prohibiting embezzlement from a bankruptcy estate and Ohio’s uniform fraudulent transfer act in arguing Judge Tone had a legal duty to provide the relief sought.

Bey additionally argues there is no other adequate remedy available due to being denied the ability to litigate the emergency motion in the lower court. As such, Bey is entitled to a writ of mandamus compelling Judge Tone to vacate the original judgment in the case according to federal bankruptcy law and jurisdiction.

If granted, the writ would require Judge Tone to acknowledge the lack of jurisdiction and adhere to laws granting sole authority over bankruptcy cases and assets to trustees appointed in those cases. It remains to be seen how the Supreme Court of Ohio will rule on Bey’s petition seeking extraordinary relief through a writ of mandamus.

Judge Tone‘s courtroom is located at 323 Columbus Ave., Third Floor, Sandusky, Ohio 44870, and can be reached at (419) 627-7731.

A copy of the original filing can be found here.