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Joe Motil

It was one year ago today that Environmental Court Judge Stephanie Mingo declared that “City of Columbus Mayor Andrew Ginther is the source of the ex parte communication” in the case of the Greyhound bus station on Columbus’ west side. Judge Mingo should have revealed the Mayor’s name during the Emergency Status Conference that was held on October 12, 2023, 26 days before the mayoral election. Judge Mingo was well aware of the implications of announcing Andy Ginther’s name as the ex parte communicator just 26 days prior to Election Day.  She had a duty to tell the public who it was and what was said and her silence brings into question judicial partiality of a high-ranking city official. This was a clear abuse of power and the mayor made the phone call to get an advantage in the election. The mayor tried to obstruct official business of the court.

According to The Columbus Dispatch January 28, 2024 article “Why did judge keep mayor’s ID a secret,” Kathleen Clark, professor of law at Washington University in St. Louis, stated, “I can’t think of a reason why it would have been improper for her to be transparent about this improper ex parte communication from the Mayor.”

Doron M. Kalir, senior clinical professor of law at Cleveland State University College of Law stated, “It’s way, way, way after the horses have left the barn… the fact that she refused to disclose [his identity] is literally adding insult to injury. She doesn’t need to be compelled to explain what happened. It’s the mayor of the city and she thinks it’s not pertinent for the parties to know that the mayor of the city seeks to intervene?...It really splits the hair in a way that I have never heard before.”     

On December 20, 2023 my attorney filed an affidavit on my behalf stating in part that, “there is sufficient evidence that satisfy the elements of the crimes of Obstructing Official Business (RC2921.31) and Interfering with Civil Rights (RC2921.45) by Columbus Mayor Andrew Ginther.” A motion to certify an alleged conflict regarding the appointment of Brad Nicodemus as Special Counsel, is currently pending with the Ohio Supreme Court.

On December 28, 2023 a contract agreement between the Columbus City Attorney’s office and City of Whitehall was signed due to the Columbus City Attorney having a conflict of interest in this matter and that Special Counsel was required. The agreement goes on to state: “The designee of the City Attorney of Whitehall shall exercise his or her own professional discretion, to the satisfaction of the Columbus City Attorney under the applicable provisions of the Revised Code of the State of Ohio.” After nearly 11 months, the assigned special prosecutor Brad Nicodemus has yet to complete his investigation into Andy Ginther’s ex parte communication. When the media attempts to request information on his investigation he goes into hiding.

And why hasn’t Columbus City Attorney spoken out about the delay? Is he satisfied with the lack of progress? Is this how he and Mr. Nicodemus defines justice being served? Nicodemus has purposely dragged his feet with his investigation. Justice delayed is justice denied.