Legal Opinion · Dissent

Cleveland Bar Ass'n v. Pearlman

Ohio Supreme Court

Decided August 31, 2005No. 2004-1550Published

1DissentO’Donnell, J.

{¶ 29} The matter presented to our court concerns the separation of powers between the legislative and judicial branches of government, an issue much larger than the requirements for filing a claim for relief in small claims court. At issue here is the provision contained in R.C. 1925.17, where the General Assembly has, in my view, unwittingly trespassed into a field of regulation left to the judicial branch of government, more specifically, the Supreme Court of Ohio pursuant to Section 2(B)(1)(g), Article IV of the Ohio Constitution. This matter concerns the regulation of the practice of law…

2Cases cited13 opinions

  1. Land Title Abstract & Trust Co. v. DworkenOhio Supreme Court · 1934
  2. Union Savings Ass'n v. Home Owners Aid, Inc.Ohio Supreme Court · 1970
  3. Office of Disciplinary Counsel v. ColemanOhio Supreme Court · 2000
  4. Richland County Bar Ass'n v. ClappOhio Supreme Court · 1998
  5. Cincinnati Bar Assn. v. EstepOhio Supreme Court · 1995

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