Court News Ohio
Court News Ohio
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Fourth District Judge Hears First Supreme Court Argument

Image of a male judge wearing a black judicial robe in a courtroom

Fourth District Judge Jason Smith sat as a Supreme Court visiting jurist for the first time on Wednesday.

Image of a male judge wearing a black judicial robe in a courtroom

Fourth District Judge Jason Smith sat as a Supreme Court visiting jurist for the first time on Wednesday.

Fourth District Court of Appeals Judge Jason Smith made his debut as a visiting jurist on the Supreme Court of Ohio today.

Judge Smith sat in place of Justice R. Patrick DeWine, who recused himself from State v. Brown, Case No. 2021-0392.

According to the Ohio Constitution, in the event of a recusal by a justice, the chief justice can select any of the 69 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.

“It’s such a great place in such a great courtroom, and to get to be here on an issue of first impression before this Court is really special,” said Judge Smith. “This is definitely the highlight of my career.”

Judge Smith began serving the Fourth District in February 2019. Prior to joining the bench, he spent the majority of his legal career in private practice. He also worked as an assistant Lawrence County prosecutor.

The Fourth District serves Adams, Athens, Gallia, Highland, Hocking, Jackson, Lawrence, Meigs, Pickaway, Pike, Ross, Scioto, Vinton, and Washington counties in southern and southeastern Ohio. The appellate court hears appeals from trial courts as well as initial requests for certain court orders.

In the case Judge Smith heard today, the parties debated whether false statements in civil lawsuits are immune from prosecution in criminal court.

The lawsuit involves a woman who tried to assume ownership of a Hamilton County home by claiming the owner had vacated the property. In her efforts to seize the home, the woman knowingly made false statements in her civil lawsuit. Those statements led to criminal charges and a conviction.