Opinion

Stewart v. Ohio Disciplinary Counsel

  • 2025 Ohio 3082
Court
Ohio Court of Appeals
Filed
Aug 28, 2025
Status
Published
Cited by
0 cases
Authority
More cited than 39.0%

The opinion

[Cite as Stewart v. Ohio Disciplinary Counsel, 2025-Ohio-3082.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

William W. Stewart, :

Plaintiff-Appellant, :

No. 25AP-88

v. : (Ct. of Cl. No. 2024-00624JD)

Ohio Disciplinary Counsel, : (ACCELERATED CALENDAR)

Defendant-Appellee. :

D E C I S I O N

Rendered on August 28, 2025

On brief: William W. Stewart, pro se. Argued: William W.

Stewart.

On brief: Dave Yost, Attorney General, Amy S. Brown, and

Duffy Jamieson, for appellee.

APPEAL from the Court of Claims of Ohio

PER CURIAM.

{¶ 1} Plaintiff-appellant, William W. Stewart, appeals the judgment of the Court of

Claims of Ohio dismissing his action for lack of subject-matter jurisdiction. For the

following reasons, we affirm the Court of Claims’ judgment.

I. PROCEDURAL HISTORY AND FACTS

{¶ 2} Stewart filed a complaint on August 12, 2024 and an amended complaint on

September 9, 2024 with the Court of Claims against the Ohio Disciplinary Counsel. In his

complaint, Stewart alleged that he had filed a grievance with the Ohio Disciplinary Counsel

regarding allegations he had made against a judge who presided over his parental custody

proceedings, that the Ohio Disciplinary Counsel dismissed his grievance against the judge

without conducting a proper investigation, and that he was entitled to $20 million in

damages.

No. 25AP-88 2

{¶ 3} On September 16, 2024, the Ohio Disciplinary Counsel filed a motion to

dismiss Stewart’s amended complaint, arguing the Court of Claims lacks subject-matter

jurisdiction over disciplinary proceedings with members of the bar. In response, Stewart

filed an affidavit that contained documents he submitted to the Ohio Disciplinary Counsel

that he proffered as evidence of judicial misconduct. On October 4, 2024, the Disciplinary

Counsel filed a motion to strike the documents Stewart filed with the Court of Claims,

arguing the documents were from a dismissed grievance proceeding and violated the

confidentiality provisions under Gov.Bar. R. V.

{¶ 4} On December 6, 2024, the Court of Claims granted the Disciplinary Counsel’s

motion to strike Stewart’s filing and dismissed Stewart’s action, finding that it lacked

subject-matter jurisdiction. The court stated that “[u]nder Ohio law, the Ohio Supreme

Court has exclusive, ‘original jurisdiction over the discipline of persons admitted to the bar

and all other matters relating to the practice of law.’ State ex rel. Parisi v. Dayton Bar Assn.

Cert. Griev Comm., 159 Ohio St.3d 211, 217 (2019).” (Dec. 6, 2024 Entry at 4.)

{¶ 5} Stewart now appeals.

II. ASSIGNMENT OF ERROR

{¶ 6} Stewart’s sole assignment of error states that “[t]he court has dismissed this

trial because it didn’t have the power to decide this case. The court also wanted all

documents in this case to remain confidential and sealed according to Gov Bar R. V. (8)[.]

There are exceptions for this rule that the court did not consider when making [the]

decision to dismiss this case.” (Appellant’s Brief at 4.)

III. ANALYSIS

{¶ 7} To determine whether the Court of Claims erred in granting the Disciplinary

Counsel’s motion to dismiss, we must consider the scope of the Court of Claims’ subject-

matter jurisdiction. Subject-matter jurisdiction is the statutory or constitutional power to

adjudicate the merits of a case. Pratts v. Hurley, 2004-Ohio-1980, ¶ 11. The Court of

Claims is a court of limited jurisdiction; it has exclusive jurisdiction over civil actions

against the state for money damages that sound in law. R.C. 2743.02 and 2743.03.

However, the Court of Claims’ subject-matter jurisdiction does not encompass actions that

include a prayer for money damages but, in actuality, seek review of an administrative

order. Shampine v. Ohio Dept. of Job & Family Servs., 2011-Ohio-6057, ¶ 17-19 (10th

No. 25AP-88 3

Dist.); Chenault v. Ohio Dept. of Job & Family Servs., 2011-Ohio-3554, ¶ 17-20 (10th Dist.);

George v. Ohio Dept. of Human Servs., 2005-Ohio-2292, ¶ 35 (10th Dist.). An action in

the Court of Claims is not a substitute for a statutorily created right of appeal of an

administrative decision. George at ¶ 35.

{¶ 8} Ohio Constitution, Article IV, Section 5(B) states that the Supreme Court

“shall make rules governing the admission to the practice of law and discipline of persons

so admitted” and that “[a]llegations of judicial misconduct are subject to the disciplinary

system in accordance with Gov.Bar R. V(2)(A).” State v. Ahmed (In re Berhalter), 2023-

Ohio-4881, ¶ 37. Ohio Gov.Bar R. V(2)(A) states that the Board of Professional Conduct of

the Supreme Court of Ohio shall have exclusive jurisdiction over grievances regarding

conduct of members of the bar:

Except as otherwise expressly provided in rules adopted by the

Supreme Court, all grievances involving alleged misconduct by

judicial officers or attorneys, proceedings with regard to the

alleged mental illness, alcohol and other drug abuse, or

disorder of a judicial officer or attorney, proceedings for the

discipline of judicial officers, attorneys, persons under

suspension or on probation, and proceedings for the

reinstatement to the practice of law shall be brought,

conducted, and disposed of in accordance with the provisions

of this rule.

{¶ 9} The matters Stewart raises challenge the outcome of the grievance

proceedings he initiated with the Ohio Disciplinary Counsel. However, the Court of Claims,

with its limited jurisdiction, is not the proper forum for Stewart to appeal the Ohio

Disciplinary Counsel’s ultimate decision. While Stewart alleges harm to his, and his child’s,

mental and emotional health and seeks $20 million in damages, this does not confer

jurisdiction upon the Court of Claims. This court has previously stated that “when

resolution of a claim would require the Court of Claims to review an administrative order

that is subject to its own statutory appeals process, the characterization of the claim as a

claim for damages does not render the claim justiciable in the Court of Claims.” Jabr v.

Ohio Dept. of Job & Family Servs., 2016-Ohio-4775, ¶ 10 (10th Dist.). Accordingly, we find

that the Court of Claims did not err when it found it lacked subject-matter jurisdiction over

Stewart’s claims, and we overrule Stewart’s assignment of error.

No. 25AP-88 4

{¶ 10} Stewart also challenges the Court of Claims’ striking of his filings containing

confidential records. As we have already determined that the Court of Claims lacked

subject-matter jurisdiction, we decline to address this issue, as it is moot.

IV. CONCLUSION

{¶ 11} For the foregoing reasons, we overrule Stewart’s assignment of error and

affirm the judgment of the Court of Claims of Ohio.

Judgment affirmed.

DORRIAN, BOGGS, and LELAND, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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