Black Journalalist Sues Cleveland Municipal Court Judge Kathleen Ann Keough

Posted September 5, 2009
(Cleveland,Ohio Area News)

Cleveland Municipal Court Judge Kathleen Ann Keough was sued on July 16 in the Ohio Eighth District Court of Appeals, where journalist Kathy Wray Coleman has asked the court to issue a decision that orders the judge to vacate orders she issued while under investigation for alleged bias in a case before her involving Coleman.

The non-monetary lawsuit, filed by Coleman's attorney, Wayne Kerek, says in part that Keough issued the orders to allegedly harass Coleman, an outspoken Black journalist in the Cleveland, Oh. area. Ohio state law prevents a judge from issuing rulings impacting the substantial rights of a party, including defendants in criminal cases, when a judge is under investigation for potential bias. If the appellate court rules against her Coleman says that she shall appeal the decision to the Ohio Supreme Court which, by law, must hear the case because it originated in the appellate court.

Generally, the high court of Ohio can decide if it wants to hear cases on appeal to that court, except in certain instances where it has no option and by law must hear the case such as a death penalty case or a case that originated in one of Ohio's appellate courts. Non-federal cases, like criminal cases, generally originate in either an Ohio municipal court, which hears misdemeanors, traffic and civil cases seeking less than $25,000 in damages, or in the court of common pleas, where felony and other cases are heard.

"Obviously we believe that Judge Keough violated Ohio Revised Code 2701.031 when she issued what we view as harassing orders impacting my constitutional and statutory rights in the case while she was under investigation in such case for alleged bias following the affidavit of prejudice," said Coleman. "The Ohio Supreme Court's Office of Disciplinary Counsel has suspended judges for doing just that and we hope that the Ohio Eighth District Court of Appeals issues a decision in our favor since the law requires it and this issue is one of public concern."

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