Pregnant? Do Not Expect To Be Practicing In Ohio’s Supreme Court in the Near Future

Courts

Last week we covered a story where a Proskauer attorney tried to use his opposing counsel’s wife’s going in to labor as a leverage-gaining exercise. Kathryn Rubino, in her reporting on the story, did an excellent job at highlighting how a lack of grace is a callous act and a violation of human values. Unfortunately, five of the seven members of Ohio’s Supreme Court didn’t seem to get the memo. From ABA Journal :

The Ohio Supreme Court rejected on Sunday a request by a pregnant attorney on bedrest to delay a trial that was scheduled to start the following day.

The Supreme Court of California ruled against Chelsea J. Panzeca’s emergency motion to stay her client’s trial on May 8, while the justices considered whether to order the trial judge for a continuance.

Justice Jennifer Brunner stated that she would have granted a stay of proceedings in dissent with Justice Michael P. Donnelly.

To make matters worse, the Court’s denial of stay doubles down on saying whatever to equity and accessibility:

It is “standard practice” at Panzeca’s firm for her to take the lead in Ohio criminal cases, like the instant one in which the alleged victim is a child, Panzeca said in her May 3 mandamus complaint.

Panzeca’s assisting counsel is hard of hearing.

Panzeca’s due date for her twins is May 25. She had agreed to the trial date of May 8 in Highland County, Ohio before being told that she needed to remain in bed due to a medical condition.

Brunner wrote, in her dissension, that the trial court should have granted a continuance if it had been reasonable. Now, Panzeca’s only access to the trial will be to watch it on YouTube.

Listen — going to law school on glorified YouTube was troubling enough. It’s a nightmare to be the lead counsel on a high-stakes lawsuit, get sick, and then have to lay in bed while your co-counsel handles everything.

Most people had the following response when pressed on their reasoning. From Law360 :

Judge Rocky A. Coss denied Panzeca’s continuance request and a motion to stay proceedings, citing a victim’s rights to a timely trial, although Panzeca pointed out that if the trial was moved to August, it would still be within the statutory time frame to have the case tried. The attorney and she didn’t see how Shepard could be faulted for a delay in the trial when “there was such a delay in indicting anybody.”

“That had nothing to do with Mr. Shepard,” she said.

Anyone interested in following this case can do so by visiting The State of Ohio v. Chelsea J. Panzeca, Esq. Ronald W. Shepard, v. Highland County Court of Common Pleas (case number 023-0582) would be a great place to start.

Top State Court rejects bid to delay trial of a pregnant criminal defense lawyer on bed rest [ABA Journal]
Split Ohio High Court Spurns Pregnant Atty’s Trial Delay Bid [Law360]

Chris Williams joined Above the Law as a social media editor and manager in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He survived Missouri long enough to earn a law degree from Washington University St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.