Who Can Fire Vorys Sater? Ohio Supreme Court Rules for Judges in Feud
The law firm Vorys, Sater, Seymour and Pease has earned about $17 million in fees in the last decade representing the county of which Cincinnati is the seat on riverfront development issues. But that representation will be coming to an end, despite the county’s objections, because of a ruling by the Ohio Supreme Court.
The court ruled Tuesday that the judges of Hamilton County may fire the law firm because they approved its hiring in the first place under statutory authority, the Cincinnati Enquirer reports. The opinion (PDF) cited the axiom: “Power of removal is regarded as incident to the power of appointment.”
The original application to hire the firm that was submitted to the judges said Vorys Sater was being hired to aid the prosecuting attorney. The new prosecuting attorney—Hamilton County Prosecutor Joe Deters—led the fight to fire the law firm after his office’s budget was cut to about $15 million this year, the story says. He claims his office can represent the county more economically, although he has no problem with the law firm’s work.
Deters asked the judges to fire the law firm at an administrative meeting, and it was done without the county’s knowledge, the supreme court said. The court said the lack of notice was “troubling” but it didn’t automatically divest the judges of jurisdiction. The court noted that the county was seeking a writ of prohibition, with more difficult standards than traditional appeals.
County commissioner David Pepper blasted the supreme court ruling. “The fact that the court can at any moment fire the commissioners’ attorney creates a situation of lawlessness,” he told the Enquirer.
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