City of Kettering v. Berger

Defendant-appellant served as an elected judge of the Kettering Municipal Court from January 1, 1966 until January 1, 1978. During his tenure as judge he performed marriage ceremonies, pursuant to R.C. 1901.14, and accepted money for performing such ceremonies. Appellant did not turn these monies over to the clerk of courts as required in R.C. 1901.14.

In February 1980 plaintiff-appellee filed this action seeking to recover those monies accepted by appellant for performing marriages. The case was ultimately assigned to visiting Judge Joseph B. Grigsby.

After pretrial conferences, appellant…