State ex rel. Ohio Academy of Trial Lawyers v. Sheward

[This opinion has been published in Ohio Official Reports at 

81 Ohio St.3d 1255

.]




 THE STATE EX REL. OHIO ACADEMY OF TRIAL LAWYERS ET AL. v. SHEWARD,
                                      JUDGE, ET AL.
        [Cite as State ex rel. Ohio Academy of Trial Lawyers v. Sheward,
                                     

1998-Ohio-277

.]
Motion to quash subpoenas granted and motion to compel denied.
              (No. 97-2419—Submitted and decided March 19, 1998.)
                                     IN PROHIBITION.
                                     IN MANDAMUS.
                                  __________________
        Don C. Iler and Robert S. Peck, for relators Ohio Academy of Trial
Lawyers and Richard Mason.
        Stewart R. Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J.
Jaffy, for relators Ohio AFL-CIO and William Burga.
        Betty D. Montgomery, Attorney General, Arthur J. Marziale, Jr., Judith L.
French and Stephen P. Carney, Assistant Attorneys General, for intervenor-
respondent Ohio Attorney General.
                                  __________________
        {¶ 1} Relators’ joint motion to quash subpoenas is granted.
        DOUGLAS, RESNICK and F.E. SWEENEY, JJ., concur.
        PFEIFER, J., concurs separately.
        MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent.
        {¶ 2} Intervenor-respondent’s motion to compel is denied.
        DOUGLAS, RESNICK and F.E. SWEENEY, JJ., concur.
        PFEIFER, J., concurs separately.
        MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent.
                                  __________________
                            SUPREME COURT OF OHIO




       Pfeifer, J., concurring.
       {¶ 3} I am voting to quash the subpoenas in this case not because the issue
of relators’ standing has been settled, but because the requests for depositions and
for production of documents are overly broad and burdensome. More focused and
tailored discovery requests, perhaps beginning with stipulations, would be
appropriate.
                              __________________




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