IF YOUR NAME IS
GEORGE T. MAIER
The beleaguered Stark County sheriff George T. Maier has to be beside himself.
Just as it appeared on June 1st (5th District Court of Appeals he is not liable to former sheriff, Tim Swanson, for some $90,000 in damages) he was finally able to breathe "a sigh of relief" that all of his legal troubles were "finally at an end" in his quest to become, remain sheriff came a bit of bad news.
What news was that?
Conley filed two motions to keep the case alive:
- a motion that the 5th District reconsider its affirmation of Judge Linton Lewis' trial court decision that Maier is not liable to Swanson for the time (February 5, 2013 - November 6, 2013) he occupied the sheriff's position as a usurper sheriff as found by the Ohio Supreme Court on November 6th.
- a motion to certify the case to the Ohio Supreme Court on the ground that the 5th District's June 1st decision was at odds with another Ohio Court of Appeals decision
Conley tells the SCPR that the 5th District Court of Appeals applied the wrong Ohio Supreme Court case to Swanson v. Maier and therefore should reverse itself on the basis of his argument in the motion to reconsider.
Courts are loathe to reverse themselves.
Conley believes that the 5th District has done so rarely but has found a case in which it has and that two of the justices who participated in the reversing itself case are also on Swanson v. Maier.
If not, then he has a backup plan.
That is to ask the court, if it will not reverse itself, to certify the case to the Ohio Supreme Court on the basis of the 5th District decisions (if it holds) is in conflict with another District Court of Appeals case on the same subject matter as Swanson v. Maier.
Conley has been an real nemesis to Maier in his undoubted desire to get on with being sheriff.
Had it not been for Ohio secretary of state Ted Husted deviating from standard "political operation procedure" of a Republican/Democratic secretary of state breaking a tie at the county board of elections level (which, by design, has two Republican members and two Democrats) by voting with the secretary's political party representatives on the local board, the SCPR thinks that George T. Maier would not be sheriff today.
Because the Ohio Supreme Court would have upheld a contrary (to Maier) secretary stance as long as the secretary articulated reasonable criteria.
So if you see Sheriff Maier randomly reaching out with an arm in a swatting motion as if going after a pesky mosquito, you will understand.
For he trying to get rid of that "pain of a Craig T. Conley" who keeps - with, of course, the full acquiesence of his clients - buzzing the sheriff with a seemingly unending series of legal actions.
The SCPR thinks George T. Maier in large part bullied (with the help of brother and former Stark County Democratic Party chairman Johnnie A. Maier, Jr) into becoming sheriff.
Now the question is: Will Craig T. Conley's "I won't take no for an answer" persistence eventually pay off for him and his client and former Sheriff Timothy Swanson?
As the SCPR has Conley saying in the graphic which heads this blog: "I'm still here," that Conley doggedly and unceasingly pursues Maier for his clients probably has the sheriff more than a tad uneasy.
So that George T. Maier swatting reflex might continue for some time.
In the end, it will be a question of:
- Does man get the mosquito, or
- Does the mosquito succeeded in doing blood-letting?