Repp complaint rejected

TIFFIN — Tiffin City Council was within its rights to declare the Tiffin-Fostoria Municipal Court judge's seat vacant after Judge Mark Repp's law license was suspended in November 2021, according to the Ohio Supreme Court. Repp File photo/FC Repp was suspended from the practice of law and the judge's seat after he ordered a courtroom spectator to take a drug test and held her in contempt when she refused. The court previously determined he did not have the authority to do that and suspended him. Repp argued that when his one-year suspension ended in November 2022, he should have been able to return as the judge for the remainder of his six-year term, set to expire in 2025. Rhonda Best was appointed to the vacant seat by Gov. Mike DeWine in December 2022, but Repp hoped to upend the appointment and return to the bench. Repp file a complaint with the court against the city, city council and Judge Best in December. The complaint contended that Tiffin City Council acted unlawfully when it declared the seat vacant. His complaint also claimed that any decision on the vacancy of the judge's seat should have been made by the Ohio Supreme Court, not City Council. Repp claimed the ordinance and appointment of Best as judge were both invalid, alleging his suspension was not an absence. He also wanted the court to bar Best from acting as judge or receiving any compensation, and declaring him the rightful holder of the office and the person entitled to compensation. The High Court did not see it that way. In a 4-3 decision, it rejected Repp's complaint. The Court ruled city council is authorized to declare a vacancy on the bench since Repp was removed from his office for at least six months. "Although I am disappointed with the decision, I accept and respect the court's ruling," Repp said. "The dissent filed by Justice DeWine actually addresses the issues raised in the quo warranto action on a constitutional basis. It had been our hope that the Court would squarely address those issues." Best With this case closed, the election next week for a new judge will proceed. "The Supreme Court's ruling brings closure for the community on this issue," Best said. "Since two days before I was sworn into office, there has been a cloud over the positive changes I have been working toward as the Tiffin-Fostoria Municipal Court Judge. Even after receiving 74% of the primary votes, this case was still pending and leaving open the possibility that all the progress could be undone." Best said she was thankful for the decision. "I look forward to continuing to serve the people of the court's jurisdiction," she said.