State appeals Gamble decision | News, Sports, Jobs – The Review – The Review

LISBON The Ohio Attorney Generals Office has indicated it intends to appeal the recent decision by visiting Judge David E. Stucki to dismiss violations of election law charges against John Gamble.

As a candidate for the county prosecutors office, Gamble had been accused of four counts of complicity to violate Ohios Little Hatch Act, which regulates the participation of civil service employees in partisan politics. Gamble had used photos on his campaign Facebook page, including at least one that pictured him with many law enforcement officers in the county and a caption Pictured here over 500 years of law enforcement experience standing with John Gamble. They have his back in this election because hes had their backs for the last 30 years.

Gamble was a longtime assistant county prosecutor.

Some of the officers were from East Liverpool, which has prospective officers apply by civil service. No charges were filed against the officers, but Gamble was charged with four counts of complicity to violate the Little Hatch Act.

Arguing on behalf of Gamble in early March, his defense attorneys, John Juhasz and Ronald Yarwood, had contended Gamble is not a classified employee and therefore not subject to the regulations of Ohios Little Hatch Act. Additionally, they had noted Gamble is entitled to the constitutional right to freedom of speech as well as associate with others.

Following arguments for and against dismissal, Stucki, a retired judge from Stark County who heard the case in county Municipal Court, had issued a written decision date March 8, which dismissed the complaint against Gamble.

In order for the State of Ohio to restrict/infringe on these individual freedoms, they must show a compelling state interest to do so, Stucki had written in regard to one of his reasons for dismissal. The states interest does not rise to that level herein.

Daniel M. Kasaris, the attorney from the Ohio Attorney Generals Office who had argued for the prosecution of the case, has now filed his intent to have the dismissal of the four misdemeanor charges appealed to the Seventh District Court of Appeals.

In his request, Kasaris said the issues he is asking the appeals court to determine are whether the allegations of violations of the Little Hatch Act were committed and whether by charging Gamble with complicity it violated his First Amendment right to free speech.

Juhasz commented on the case Tuesday, stating they really thought Stuckis decision was the only possible decision that could have been made and he was uncertain what kind of record the Ohio Attorney Generals Office intended to make to try to overturn it.

It will still be interesting to watch, Juhasz said.

djohnson@mojonews.com

Today's breaking news and more in your inbox

See the rest here:
State appeals Gamble decision | News, Sports, Jobs - The Review - The Review