“The protest filed by Mr. Nasal is without merit, and this will be proven at the hearing,” Lopez said Friday. “This is nothing but an attempt by my opponent to deprive the voters of a choice for Miami County Municipal Court judge.”
Nasal was appointed to the position in March 2013 and previously served as the county prosecutor.
Lopez, the county’s elected recorder, filed this spring to run for the judicial position.
Nasal and Lopez are the only two candidates for the office. The Board of Election certified their petitions to run in May.
The Board of Elections will hold a hearing on the protest by Nasal at 5 p.m. Tuesday, July 27 at the Miami County Courthouse in Troy.
In the petition, Nasal’s lawyers state Nasal was county prosecutor for 18 years before becoming judge. Prior to serving as county prosecutor, he was the municipal court prosecutor and was in private legal practice in Troy.
Nasal’s lawyers — David C. Greer and Kevin C. Quinlan of Dayton — allege that Lopez filed as a candidate “but does not satisfy the qualifications to run for this position (under the Ohio Revised Code). Specifically, Ms. Lopez has not engaged in the practice of law in this state for a total of at least six years.”
The petition states the Ohio Supreme Court has defined “engaged in the practice of law” to include private practice as an individual or as an attorney for a corporation.
“Even if one is a licensed attorney, to satisfy the six-year requirement, they must be employed in a position where they are practicing law, either actually before the court and incident to such actions, in the preparation of legal instruments of all kinds, or rendering legal advice to clients,” the petition states.
The petition includes copies of financial disclosure statements from Lopez beginning in 2012.
Lopez has served as the county recorder since 2013.
A brief filed by her lawyers from Bricker and Eckler said Lopez was admitted to the bar in Ohio in November 2006 and has engaged in the practice of law since. They say she has worked at two different law firms; worked as a guardian ad litem in Miami, Darke and Shelby counties; and represented clients in real estate, criminal, probate and domestic relations matters.
“Ms. Lopez has practiced for 15 years ... The board should reject the protest,” the lawyers wrote in a brief on the behalf of Lopez.
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