# Lisa M. Pocker v. William F. Brown

> Court of Appeals for the Sixth Circuit · May 26, 1987 · 819 F.2d 148

URL: https://www.frixlaw.com/law-library/cases/488622

## Case

- **Full name:** Lisa M. POCKER, Plaintiff-Appellant, v. William F. BROWN, Defendant-Appellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** May 26, 1987
- **Citations:** 819 F.2d 148; 1987 U.S. App. LEXIS 6684
- **Precedential status:** Published
- **Opinion:** Opinion by Kennedy
- **Judges:** Keith, Kennedy, Norris
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/488622

## How later opinions describe it (automated extraction)

- finding that Section 6[C], Article IV of the Ohio Constitution, which permits the Chief Justice to assign retired judges to hear cases, does not violate the Fourteenth Amendment
- finding no 11 federal-constitution violation
- finding no federal constitutional violation
- rejecting federal constitutional challenge to Ohio's appointment of retired judges as trial judges

## Opinion text

CORNELIA G. KENNEDY, Circuit Judge.
Plaintiff-appellant (“appellant”) appeals the District Court’s dismissal of her civil rights action pursuant to Fed.R.Civ.P. 12(b)(6), (failure to state a claim upon which relief may be granted). We affirm the District Court’s judgment.
Defendant-appellee, who is a retired state court judge, presided over a case in which appellant was a party. Appellant then brought suit in federal court under 42 U.S.C. § 1983 , alleging that article IV, section 6(C) of the Ohio constitution, which provides that the chief justice of the Ohio Supreme Court may appoint retired judges to hear cases, violates her rights under the fourteenth amendment to the United States Constitution. Article IV, section 6(A) of the Ohio constitution provides that judges shall be elected. Appellant contends that Ohio’s practice of allowing retired judges to hear cases in accordance with section 6(C) violates her right to elect judges pursuant to section 6(A).
The Ohio Supreme Court has addressed the relationship between section 6(A) and
*149
section 6(C) of article IV, and has found no violation of state constitutional law.
See State ex rel. Berger v. McMonagle,
6 Ohio St.3d 28, 30-31 , 451 N.E.2d 225 ,
cert. denied,
464 U.S. 1017 , 104 S.Ct. 548 , 78 L.Ed.2d 723 (1983).
We find no federal constitutional violation. There is no federal constitutional or statutory principle that requires that state judges be elected rather than appointed. Indeed, the entire federal judiciary is appointed. Nor do we know of any reason why the appointment cannot be vested in the judicial branch. Bankruptcy judges are appointed by the Courts of Appeals and were previously appointed by the District Courts. Thus, appellant’s contention that the Ohio constitution denies Ohio citizens the right to vote by allowing retired judges to be appointed to serve on the bench is without merit.
We AFFIRM the judgment of the District Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/488622. Public record. Not legal advice.