My
post this week is a review of an article concerning the right to a
jury trial in a civil case at the state level. In May of 2013
the Ohio Supreme Court denied Dr. Morris Kinast his right to a jury
trial in a civil case. In this case Dr. Kinast was being sued
by the parents of a young boy who was under the professional care of
Dr. Kinast. Dr. Kinast had prescribed the boy and anti
depressant medicine. This particular anti-depressant had been
known to increase suicidal thoughts or actions for years prior, and
there was also a warning included on the product that cautioned
people to monitor people taking that medicine for suicidal thoughts
or actions. It was also stated that the drug was not for use in
pediatric patients. The patient had been seeing Dr. Kinast
since 2007 and, it is unclear when, along the way the doctor had
prescribed the anti-depressants. In 2009 the patient took his
own life. The family filed a suit for negligence against
Kinast.
The
doctor's lawyers requested that the case be tried by a jury and filed
the proper paperwork with the court. The court then stated that
all court costs for jury trials, in this cases $200, must be
submitted within five days of the request. Kinast's lawyers did
not pay this fee within the five day period, and the court denied the
request for a jury trial. The case was appealed the Ohio
Supreme Court, and the pleas were also rejected there. At the
time of the article's writing the case was in pretrial back in the
county court.
First,
the Bill or Rights says the right to a jury trial in a civil case
shall not be infringed upon. However, this is one amendment that the
Supreme Court has not applied at the state level. It is up to state
constitution's to grant this right to their citizens. The
constitution for the state of Ohio also upholds the right to a jury
trial. It seems to me that this should allow Dr. Kinast to have this
case seen before a jury trial instead of being seen in front of a
judge who is the only person making assessments on emotional issues.
While the Supreme Court may not have jurisdiction to make the ruling
in this case, it would seem to me that the Ohio Supreme Court should
have upheld their state constitution. A simple clerical error should
not cost a man the rights that he has been given and the rights that
are protected by both his country and his state's constitution.
http://www.cantonrep.com/article/20130512/News/305129922/?tag=2
Jacob, I very much agree with you on this issue. While I do understand there is apparently a rule in place in Ohio that you must pay a fee within a certain amount of days to have a trial by jury, simply denying a person their right does not set well with me. As you stated, the US Constitution and the Ohio constitution both state they protect the citizens’ right to a trial by jury. Dr. Kinast has the right to a trial by jury, and I agree with you that a simple clerical error should not take away a man’s rights. The rights, such as trial by jury, are unalienable God given rights, and a simple error should not be the cause of those rights to be taken away. I hope that since the US Supreme Court can’t take this issue up, that the Ohio Supreme Court makes the correct decision.
ReplyDelete- Jonathan Hanje