[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State 

ex rel. Ames v. Pokorny, Slip Opinion No. 2021-Ohio-2070.] 

NOTICE 

This slip opinion is subject to formal revision before it is published in an 

advance sheet of the Ohio Official Reports. Readers are requested to 

promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 

South Front Street, Columbus, Ohio 43215, of any typographical or other 

formal errors in the opinion, in order that corrections may be made before 

the opinion is published. 

SLIP OPINION NO. 2021-OHIO-2070

THE STATE EX REL. AMES v. POKORNY, JUDGE.

[Until this opinion appears in the Ohio Official Reports advance sheets, it 

may be cited as State ex rel. Ames v. Pokorny, Slip Opinion No. 

2021-Ohio-2070.] 

Procedendo—Open Meetings Act—Writ of procedendo will not issue to compel 

performance of a duty that the judge has already performed—Cause 

dismissed. 

(No. 2020-1465—Submitted April 27, 2021—Decided June 23, 2021.)

IN PROCEDENDO. 

__________________ 

Per Curiam. 

{¶ 1} Relator, Brian M. Ames, seeks a writ of procedendo ordering 

respondent, Judge Thomas J. Pokorny, to rule on Ames’s motions to dismiss 

counterclaims in consolidated cases pending in the Portage County Court of 

Common Pleas. Because Judge Pokorny has ruled on the motions, we dismiss this 

case as moot. 
SUPREME COURT OF OHIO

2

{¶ 2} In 2019, Ames brought four actions in the Portage County Court of 

Common Pleas against the Portage County Solid Waste Management District (“the 

district”) and the Portage County Board of Commissioners (“the board”)—case 

Nos. 2019CV00384, 2019CV00621, 2019CV00653, and 2019CV00808. Each 

complaint alleges violations of the Open Meetings Act, R.C. 121.22, related to the 

public business of the district conducted by the board. Judge Pokorny was assigned 

to preside over each of these cases after the judge initially assigned to the cases 

recused herself. 

{¶ 3} On October 10, 2019, Judge Pokorny consolidated case Nos. 

2019CV00384, 2019CV00621, and 2019CV00653. On January 8, 2020, the 

district and the board filed amended counterclaims for declaratory judgment in the 

three consolidated cases and in case No. 2019CV00808. On January 14, 2020, 

Ames filed motions to dismiss both counterclaims. 

{¶ 4} Ames commenced this action on December 3, 2020, seeking a writ of 

procedendo to compel Judge Pokorny to rule on his motions to dismiss the 

counterclaims of the district and the board. Ames alleged that his motions to 

dismiss had been pending for ten months. On February 10, 2021, we dismissed 

Ames’s action as to case No. 2019CV00808; we sua sponte granted an alternative 

writ as to the three remaining consolidated cases and set a schedule for the 

submission of evidence and briefing. 161 Ohio St.3d 1426, 2021-Ohio-303, 162 

N.E.3d 809. 

{¶ 5} Ames has submitted as evidence a certified copy of a judgment entry 

signed by Judge Pokorny in the consolidated cases, which states: “Relator’s Motion 

to Dismiss Respondents’ Counterclaim for Declaratory Judgment is DENIED.” 

Also submitted as evidence is a certified copy of the docket in case No. 

2019CV00384—the case number under which Judge Pokorny ordered all 

documents to be filed in the consolidated cases. The docket shows that an entry 

denying Ames’s counterclaims was filed on December 29, 2020. 
January Term, 2021 

3

{¶ 6} A writ of procedendo will issue when a court has refused to enter 

judgment or has unnecessarily delayed proceeding to judgment. State ex rel. 

Culgan v. Collier, 135 Ohio St.3d 436, 2013-Ohio-1762, 988 N.E.2d 564, ¶ 7. To 

be entitled to a writ of procedendo, Ames must establish (1) a clear legal right to 

require Judge Pokorny to proceed, (2) a clear legal duty on the part of Judge 

Pokorny to proceed, and (3) the absence of an adequate remedy in the ordinary 

course of the law. See id. 

{¶ 7} A writ of procedendo will not issue to compel the performance of a 

duty that the judge has already performed. State ex rel. Morgan v. Fais, 146 Ohio 

St.3d 428, 2016-Ohio-1564, 57 N.E.3d 1140, ¶ 4. The evidence shows that Judge 

Pokorny has already denied the motions for which Ames seeks to compel a ruling 

in procedendo. Accordingly, we dismiss this action as moot. 

Cause dismissed. 

O’CONNOR, C.J., and KENNEDY, FISCHER, DEWINE, DONNELLY, STEWART, 

and BRUNNER, JJ., concur. 

_________________ 

 Brian M. Ames, pro se. 

 Thomas J. Pokorny, pro se. 

_________________