The Supreme Court of Ohio has denied a request from Nathaniel Martin, former East Cleveland City Council president, and Mark McClain, a city council candidate, to be reinstated to the council. The court also refused their request to remove two current councilmembers.
In its decision, the court supported an earlier ruling by the Eighth District Court of Appeals that rejected Martin and McClain's petitions for writs of quo warranto and mandamus. The court found that they had delayed too long in filing their complaint, which was deemed "barred by laches." The Supreme Court noted that Martin and McClain did not contest this finding in their appeal.
Justices Patrick F. Fischer, Michael P. Donnelly, Melody Stewart, Jennifer Brunner, and Joseph T. Deters reviewed but dismissed other legal arguments presented by Martin and McClain. Chief Justice Sharon L. Kennedy and Justice R. Patrick DeWine agreed with the judgment but based their concurrence solely on the failure to challenge the laches ruling.
The case originated when Ward 3 City Councilmember Ernest Smith was recalled in November 2022. According to city charter rules, remaining councilmembers were required to fill the vacancy within 30 days or allow the council president to make an appointment.
A special meeting was held on December 19, 2022, where five candidates were considered for Smith's position. However, Martin left before interviews began. Subsequently, three members appointed Lateek Shabazz on December 20 without Martin present.
Rumors suggested Martin planned to delay action until after December 30 so he could appoint his choice for the vacancy himself. To counter this potential move, another meeting was convened on December 27 where Shabazz was reappointed in Martin's absence.
Following these events, a majority voted Korean Stevenson as new council president over Martin's objections at a subsequent meeting in January 2023. During this session—where McClain participated despite not being officially recognized—Shabazz was again confirmed as appointee after which McClain vacated his seat upon request.
In early February 2023 amid allegations including misuse of $1k worth postage stamps towards campaign literature; charges led against him resulted into removal vote against him taken place during mid-February leading onto Antwon Billings replacing him shortly thereafter
On March eighth both men sought judicial intervention via Eighth District demanding ousting Shabazz & Billings alongside personal reinstatement yet courts sided favorably toward incumbents while dismissing tardiness-based claims altogether
When appealing further upwards unto highest state level same outcome persisted whereby procedural shortcomings primarily contributed towards final resolution despite substantive examination conducted under “interest justice” framework invoked therein ultimately upholding prior determinations made below previously cited case number referenced accordingly
"Martin had opportunity rebut allegations evidence chose not do so," concluded high bench affirmatively