Case Continuation Possibilities
June 30, 2014 (Cincinnati, OH): As reported earlier today, Hamilton County Court of Common Pleas Magistrate Michael Bachman heard oral arguments for Lebanon Road Surgery Center vs. State of Ohio Department of Health, and upheld the ODH’s order that Martin Haskell’s abortion facility in Sharonville, Ohio be denied a license and closed for operating outside the law.
To clarify what this Magistrate Bachman’s ruling means, here is further information and potential next steps:
Today, Magistrate Bachman set Thursday, July 10th, next week, for the attorneys for the state to submit a draft magistrate decision (documenting what was decided today). Magistrate Bachman will review this draft, make any appropriate edits, and file his decision with the Clerk of Courts.
Attorneys for the abortion facility, or attorneys for the state have 14 days to file objections to Magistrate Bachman’s decision.
If objections are filed by either party, the objections go to the original trial judge, Hamilton County Court of Common Pleas Judge Jerry Metz.
Judge Metz will review any submitted objections and make a final determination whether to accept Magistrate Bachman’s decision or not. There is no time limit for Judge Metz to make his conclusion.
Lebanon Road Surgery Center definitely remains open until July 10th.
Whether or not the Lebanon Road Surgery Center requests a second stay of execution from Judge Metz to remain open beyond July 10th remains to be seen.
Another possible course of action is that the Lebanon Road Surgery Center could bypass filing objections to Magistrate Bachman’s decision completely, and within 10 days of today’s ruling file a motion to set aside Magistrate Bachman’s order and request that his order be stayed.
A motion to set aside Magistrate Bachman’s order would also go to Judge Metz to decide, and the Lebanon Road Surgery Center would continue to operate in the meantime.
Regardless of any course of action taken on today’s ruling or not by the attorneys involved, Lebanon Road Surgery Center cannot appeal to another court–should this be desired–until Judge Metz makes his final ruling.