(UPDATED) Freshwater Mandamus request filed

Update Freshwater’s request fir the writ of mandamus from the Supreme Court is here (pdf). The notification of the affected parties by the Supreme Court is here. The 21-day clock for their response began running when they received service of that notification, which would have been today or perhaps next Monday. Then the Court has to consider what it will do. I doubt that the hearing will resume on September 10.

The Mt. Vernon News is reporting that John Freshwater’s attorney, R. Kelly Hamilton, has filed a request for a writ of mandamus from the Ohio Supreme Court to compel the Mt. Vernon Board of Education to issue subpoenas to (at least) two of its members to testify in the administrative hearing on Freshwater’s termination as an 8th grade science teacher. I cannot find the request yet on the Ohio Supreme Court site. The Court has been on summer recess, but is resuming oral arguments on August 11. Freshwater’s request is not (yet?) on the Court’s oral arguments schedule. I have no idea whether the Court hears oral arguments on such requests. Is there an Ohio lawyer in the house?

This request for a write of mandamus is the next step following the Knox County Court of Common Pleas refusal to enforce subpoenas which had been quashed by the Board of Education.

Once again, the hearing is on hiatus until at least September 10 due to Freshwater’s attorney having invoked a legal provision to recess such hearings during periods when school is not in session.