GEORGETOWN, Ohio — According to the order signed by Special Judge Thomas C. Nurre and filed in the Brown County Court of Common Pleas Thursday, ” a judge’s access to the clerk’s office and the court’s files is absolute.”

Nurre upheld Brown County Court of Common Pleas Judge Scott T. Gusweiler’s motion to dismiss claims filed against him by Clerk of Courts Tina Meranda.

Meranda filed the case in February after she changed the locks on her offices after a perceived security breach by Gusweiler’s staff.

In Meranda’s complaint she said Gusweiler’s staff arrived before her staff on a day when there was a two-hour delay because of snow, entered her office and acted as clerks including receiving and stamping court filings.

Two days after the breach, Meranda had the locks changed to protect the files in her office. However, Gusweiler ordered her to provide keys to her office to him by the end of the day. He issued a court order for the keys then threatened Meranda with contempt if she failed to comply.

Meranda has said she provided Gusweiler with the keys out of fear.

Meranda also alleged Gusweiler “exhibited a pattern and practice of abusive, overbearing and inappropriate behavior,” citing several examples in her complaint.

In her complaint, Meranda sought declaratory relief establishing that she is “entitled to perform her powers and duties” as clerk and that Gusweiler “is not entitled to interfere” with the execution of those powers, as well as compensation for damages of an amount to be determined at trial.

In his request that the claims be dismissed, Gusweiler is said to be immune from monetary damages on the grounds “such claims are barred by the doctrine of judicial immunity” and that immunity can only be overcome if he were acting in the complete absence of jurisdiction or if his challenged actions were non-judicial.

Nurre supposed Gusweiler’s claims regarding monetary damages.

“Since plaintiff is seeking damages against defendant for actions he took in his capacity as a judge, he is absolutely immune from monetary damages,” Nurre said in the order. “Both Federal and Ohio courts are in accord that unless there is a clear absence of all jurisdiction, judges are immune.”

According to the order from Nurre, Gusweiler has jurisdiction to order compliance with a court order or be held in contempt.

“Plaintiff alleges defendant threatened her with contempt in an effort to intimidate her in the discharge of her duties,” Nurre said. “This is within the authority of a Common Pleas Court judge — this is a judicial act for which he has absolute immunity.”

Additionally, Nurre supported Gusweiler’s dismissal request on the grounds the judge is immune from legal action for making a discretionary decision as administrative judge as it relates to his access to the clerk’s office.

“A judge’s access to the clerk’s office and the court’s files is absolute,” Nurre said.

Nurre said Meranda did not allege Gusweiler threatened her in an unlawful way, nor did she demonstrate she was injured.

Nurre cited a section of the Ohio Revised Code that determines the clerk shall, in the performance of their duties, be under the direction of the court.

“Even if a declaratory order would be issued by this court, the requested relief could not clarify the right of the parties any more than the current existing law,” Nurre said.

At the end of his order, Nurre noted that the jobs of both parties “can be very stressful.”

“It has come to the court’s attention that since this law suit has been filed there has been a bit more congeniality between the parties herein,” Nurre said. “Although this law suit is being dismissed perhaps subject to appeal, it is the court’s hope that the actions of the parties will reflect greater consideration of one another in an effort to afford citizens of their community the best possible service.”

Meranda said since the complaint was filed she and her staff are treated with respect.

“The whole demeanor and the words and the respect that my staff is getting now is much better,” Meranda said.

Meranda said she does not agree with the order, in which Meranda points out Nurre does not say he agrees with Gusweiler’s behavior but believes it is his right.

Meranda said she does not believe in absolute immunity.

Additionally, Meranda said she is still in awe that a judge can court order keys into his possession that would allow his access to cases not in his jurisdiction, including Court of Appeals cases challenging his decisions.

Meranda is undecided whether she will appeal Nurre’s decision and is discussing the possibility with her attorney.

Court Administrator Joni Dotson said Gusweiler had no comment on the order.

Contact Misty Maynard at [email protected] or by calling 606-564-9091, ext. 272.

For more area news, visit www.maysville-online.com.

Tina Meranda