DECLARATION

OF

~ALNOTICANDDMAND
To: OHIO SUPREME COURT JUSTICES MAUREEN O'CONNOR, PAUL PFEIFER,
TERRENCE O'DONNELL, JUDITH LANZINGER, SHARON KENNEDY, JUIDTH FRENCH,
WILLIAM O'NEILL and COUNTY RISK SHARING AUTHORITY (CORSA)
RE: LOGAN COUNTY JUDGE MARK S. O'CONNOR for Breach of Ethics and Duty
On or before March 27, 2013 in the northwest

district of Ohio, the wrongdoer,

O'CONNOR was required, by an Oath of Office to the Ohio and Constitution

Judge MARK
for the united

States of America' and regulations of authority in the Code of Judicial Conduct (CJC)thereof to:

Count One
2

abstain from a Conflict of Interest

family cases (Ex A); did willfully

having previously disqualified

himself from all the Miller

preside over the criminal case of James R. Miller and trial on

March 26, & 27,2013 (EX B) in violation of CJCCANON 2 - RULE2.11 Disqualification.

Count Two
file a Judicial and Lawyer Misconducr;

having had previous knowledge of elder abuse as a

Mandatory Reporter" (EX C) and knowledge judge Michael Brady was adjudicating in cases after
he was removed without
comply

in violation

notice to the true applicant and parties (Ex D); did willfully

of CJC CANNON 2 -

fail to

RULE 2.15 Responding to Judicial and Lawyer

Misconduct and RULE 2.9 EX PARTE Contacts and Communication

with Others.

Count Three
Comply with the Law 2; having had previous knowledge of the aforementioned
did willfully

refuse to report felonies committed

in violation

crimes (Ex A-D),

of CJC CANNON 1 - RULE 1.1

Compliance with the Law and TITLE 18 U.S.c. 4 Misprision of a Felony4.

1 The

Constitution

for the united States of America - Article III Section 1 "The Judges, both of the supreme and

inferior Courts, shall hold their Offices during good Behaviour ..."
2

Ohio Code of Judicial Conduct

http://www.supremecourt.ohio.gov/LegaIResources/Rules/conduct/judcond0309.pdf
http://codes.ohio.gov/orc/5101.61
Reporting abuse, neglect or exploitation

http://www.defraudingamerica.com/title18usc4.htmIMisprision

Page lof4

of adult.

of Felony

BREACHOF DUTY and INJURIES

It was a conflict of interest for MARK O'CONNOR to preside over James Miller trial. MARK
O'CONNOR aided and abetted the acquittal of James R. Miller from the crimes he committed

of

elder abuse on Clair R. Miller. These criminal acts caused irreparable harm to Clair Miller who
was treated with less rights and dignity than an animal living in these heinous horrid conditions.
Clair Miller was denied his remedy by due course 0/ law and was refused justice administered
guaranteed in the United States and Ohio Constitutions. The corporate county agents
knowingly let Clair live in the hands of his abuser. The agents are responsible for the harm they
left Clair in. This would never be tolerated under the Laws 0/ Nature and 0/ Nature's God in
Common Law and the Declaration of Independence.
DEMAND for RESTITUTIONand PENANCE
It is the wish of the aggrieved parties that Clair shall be released to Rosanna so he can go home.
MARK O'CONNOR shall have to live six years, times three, in the exact same conditions of
hoarding, filth, living in the smell of urine and fecal matter that Clair suffered. MARK O'CONNOR
shall be removed from office and deprived of benefits as Clair was refused. MARK O'CONNOR
shall share in the reparation for embezzlement of more than $750,000 from The Miller estate,
times seven, with the other county agents". James Miller shall be tried under lawful
proceedings. This includes any other relief that is deemed just and equitable.
DEFAULT
NOTICETO PRINCIPAL IS NOTICE TO AGENT AND NOTICETO AGENT IS NOTICE TO PRINCIPAL:
The felony crimes against this family have previously been reported to those addressed at the
bottom with ample time to right the wrong. Therefore, within 10 days from the
or email delivery you shall: diligently pursue enforcement
the proper authorities

pursuant to 18 U.S.c. 4

or diligently report the enclosed to

or be held to the same legal action pursuant to

the Federal Rules that is provided for remedy to lithe people". Without

your rebuttal or duty

performed, this DECLARATION OF FINAL NOTICE AND DEMAND, with Affidavit

stand as truth in commerce and ripe to pursue remedy.
Respectfully submitted,

All Rights Reserved Without prejudice

Rosanna L. Miller
10469 Westfall Rd.
Amanda, Ohio 43102
740-969-2468
5

http://www.sconet.state.oh.us/pdf

viewer/pdf

u.s. postmark

viewer.aspx?pdf=668559.pdf

Page2 of4

0/ Facts,

shall

EX

Logan County

tl

COURT OF COMMON PLEA

GENERAL DIVISION
COURTHOUSE-ROOM 18
101 S. MAIN STREET

BELLEFONTAINE, OHIO 43311-3101

PHONE (937) 599-7260
FAJC (937) 292-4175

MARK S. O'CONNOfl

Judge
AMY p. BILLIAR
Magistrate
DEBRA J. EGBERT
Court Administrator

October 15, 2009

Diane Hayes
Supreme Court of Ohio
65 South Front Street
Columbus, Ohio 43215
RE:

Rosanna Miller v. James Miller

Common Pleas Court Case No. CV08-11-0614
Clair Miller v. Rosanna Miller
Common Pleas Court Case No. CV07 -04-0183
Estate of Elizabeth Miller Deceased
Probate Court Case No. 08-ES-260
Guardianship of Clair Miller
Probate Court Case No. 07-GI-01

Dear Ms. Hayes,

This letter is to request the Chief Justice to appoint a visiting judge who would
handle the eneral division and robate cases for this family. The mother, Elizabeth, is
deceased and control of the estate has been at issue. A daughter, Rosanna sought to
have a guardianship established for her father, Claire. This resulted in litigation over a
public records demand wherein the Supreme Court ruled the probate judge of this
county would have to pay the attomey fees for Rosanna Miller's attorney. Because this
county is now obligated through that order to pay attorney fees, the undersigned,believe
that an~ further ruling by any resident judge of this cour]:y would a pear tainted "
because of that order. Therefore, to avoid any appearance of impro rie ,we would
ask the Chief Justice to ~oint
a Visiting judge to handle the general division and
probate matters involving this family.'- '" - - ----- . - ...----- -~
We have ~oken with retired judge Sumner Walters who has handled similar
He would be W1~hngto seNe if appoInted by the Chief Justice.

cases in this county.

EX
Cordially yours,

~~oC-

Mark S. O'Connor, Judge

Common Pleas Court, General Division

CZD~~~

C. Douglas Chamberlain, Judge

Common Pleas Court, Family Division

Michael L Brady, Judge

Common Pleas Court, Family
cc:

Grant A. Wolfe
James Miller
Scott N. Barrett
Bridget D Hawkins
Steven R Fansler
Howard Traul
Kathy McCorkle
Nancy A. Miller
Honorable Sumner Walters

EX

UPDATE: Miller found not guilty

Created on Wednesday,

27 March 2013

Written by NATE SMITH

Less than hour after the case was turned over Wednesday

morning, jurors acquitted

MILLER a man on trial for assault and domestic violence.

James R. Miller, 45, was found not guilty of assault of an elderly person and
domestic violence following about 45 minutes of deliberations.
A charge of failure to provide care was thrown out Tuesday by Logan County
Common !51eas Court Ju ge ar S.
Connor after hearing testimony regarding
the defendant's care for his father.
The fact that Clair Miller, 83, showed no physical signs of assault and that doctors at
Mary Rutan Hospital testified the father had not been treated for any type of physical
assault while he was hospitalized, likely carved out enough reasonable doubt to
force a not guilty verdict.
That the father was physically unable to testify and prosecutors were forced to
instead rely on statements made to MJ3.Hstaff didn't help the state's case, Chief
Assistant Prosecutor Eric Stewart said.
"Clair Miller told two doctors that he had been assaulted," Mr. Stewart said. "We tried as hard as we could."

From Tuesday's proceedings:

A defendant on trial for elder abuse faces one fewer felony charge after the judge tossed one of 1!:!eall~ged crimes,
determining prosecutors hadn't provided enough evidence to support the accusation.
Jim Miller, 45, now faces a fourth-degree felony charge of abuse of the elderly, and domestic violence, a first-degree
misdemeanor. Logan County Common Pleas Court Judge Mark S. O'Connor dismissed a fifth-degree felony charge of failure
to provide care after hearing testimony regarding the defendant's care for his father.
In testimony offered Tuesday, Mr. Miller said his father ended up laying unconscious on the floor the morning of Sept. 10
after he became angry for having stepped in a pile of cat feces on the hallway floor.
The defendant said his father was upset about the cat waste on the floors when suddenly his face went blank and he fell
forward. Mr. Miller said he caught his unconscious father, eased him to the floor and called 911 immediately.
Read complete story in Wednesday's

Examiner. CLICK HERE to subscribe today!

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http://www.examiner.orglnews/22292-miller-trial-expected-to-wrap-up-today?tmpl=component&print=l&layout=default&page=

9/4/2014

EX
f/

EX
~j)--,IIL

CERTIFICATE OF ASSIGNMENT

The Honorable Sumner Eliot Walters a retired judge of the

Third District Court of Appeals, is assigned effective
October 19, 2009 to preside in the Logan County Court of
COmmon pleas, rJeneralDivision, to hear cases CV08.-11-0614,
Rosanna Miller v. James Miller; CV07-04-0183, Clair Miller v.
Rosanna Miller; 08-ES-260, Estate of Blizabeth Miller,
Deceased; 07-GI-01, Guardianship of Clair Miller and to
conclude any proceedings in which he participated.

Justice
09JA2286

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Logan County

COURT OF COMMON PLE)

"------.~

__Jl

GENERAL DMSION
COURTHOUSB - ROOM 18

MARK S. O'CONNOR
Judge

101 S. MAIN STRD'l'

BET.J.EFONTAINE,OmO 43311-3101

AMY P. BILLlAR
Magimme

PHONE (937) 599-7260

FAX (937) 292-4175

DEBRAJ. EGBERT
Court Administrator
_

December 15, 2009

To:

GrantA.Wolfe
James MIller
Steven R. Fansler
Scctt N a.nett

Bridget 0 Hawkins
From: Mark S. o'Connor, Judge
) < .

RE:

,,1.

'sid_Isr

HIli?;".'

'1

Roeeanna MIIIIrv. .,.

c- No. C\fII-1'1 .

MIller

,4

"CIa . ". "'._...,.

case No. CV07 -Q4.()183

PI tIIId capf'cf" Supr.,.eourr. CerIllcat8 of

...,.."
W ,. ldl
captioned ca.. JudgeWd.illI tam ThIrd DIIIIid CourttAApp.

AleigrllllMt

00:

1"<""""",

Honorable Sumner E. W

......... ~. ..,..

..........

AFFIDAVIT of FACTS
I, Rosanna l. Miller, a living flesh and blood child of God, over 18 years of age, being competent
to testify and having first hand knowledge of the facts herein, declares under penalty of perjury
before God, that:
1. Judge MARK O'CONNOR wrote on behalf of all LOGAN COUNTY COURT judges on October
15, 2009 to be recused from all Miller family cases due to a conflict of interest resulting from a
previous right of WRIT granted to Rosanna Miller by the Ohio Supreme Court. (EX A)

2. It is a conflict of interest for judges to select their own successor as confirmed in CHAMPAIGN
COUNTY COMMON PLEASCOURT vs. JEANINE R. FANSLERcase 2014 MS 015.

3. The LOGAN COUNTY judges pre-selected judge SUMNER WALTERS as their successor who
was appointed on Oct 19, 2009 without notice to the applicant till December 15, 2009. (EX D)
4. Judge Michael Brady continued

to make judgments

up to November 12, 2009 after being

removed on October 19,2009 for a conflict of interest.

5. The years of abuse Clair Miller suffered is unconscionable for the courts to promote such
treatment

and deprivation

of rights. This is memorialized on record in the ongoing guardianship

cases that commenced January 2007 in the LOGAN COUNTY PROBATECOURT.

6. On September 11, 2012 James Ray Miller was finally arrested, indicted by a Grand Jury and
charged for

assault, domestic violence and failing to provide for a functionally impaired

person on Clair R. Miller.

7. Judge MARK O'CONNOR contacted

Columbus attorney Javier Armengau to defend James

Miller in his criminal trial.

8. LOGAN COUNTY Prosecutor

ERIC STEWART told

affiant

that

"failing to provide for a

functionally impaired person" did not need any more evidence for a conviction. (EX C)
9. Judge MARK O'CONNOR willingly

presided over James Miller case on March 26 & 27, 2013

instead of recusing himself.

10. Judge MARK O'CONNOR threw

out the

failing to provide for a functionally impaired

person. (EX B)
11. The "victim", Clair Miller, was denied the right to testify at James Miller's trial.
12. The Ohio Constitution Article 1 Section 16 provides:
"All courts shall be open, and every person. for an injury done him in his land,
goods, person, or reputation, shall have remedy by due course of law. and shall
have justice administered
without denial or delay
"
13. James R. Miller walked free for committing

physical and financial abuse on Clair Miller.

Page3 of4

Further, Affiant sayeth naught.

t;/)~/!~
Rosanna L. Miller

Date

State of Ohio

_
) ss:
)

la/

County ot&fiF I (?

.;26d::;t;
day

On this, the
undersigned

officer,

proven)

be the

to

acknowledged

that

k~

of

personally
person
s/he

2014, before

appeared

Rosanna L. Miller,

whose

name

executed

the

is subscribed
same

for

me, a notary

public, the

known to me (or satisfactorily

to

the

the

within

purposes

instrument,

therein

and

contained.

Cc: Mailed to:

OHIO SUPREMECOURT, 65 S. Front St.,

io" FIr., Columbus,

Oh. 43215 (614-387-9250)

OHIO DISCIPLINARYCOUNSEL, 250 Civic Center Dr. St. 324, Columbus, Oh. 43215
OHIO ATTORNEY GENERAL, Matthew

Donahue and Melissa Schiffel, 150 E. Gay St.

is" FL,

Columbus, Oh. 43215

FEDERAL BUREAU OF INVESTIGATIONS, Agent

Kenneth

Smith, 425 W. Nationwide

Columbus, Oh 43215 (614-849-1800)

COUNTY RISKSHARING AUTHORITY (CORSA) 209 East State St., Columbus, Oh. 43215
Cc: Emailed to:
U.S. SENATORSHERRODBROWN casework@brown.senate.gov

(614-469-2083)

U.S. SENATORROB PORTM~N Suzanne cox@portman.senate.gov

U.S. CONGRESSMANSTEVEISTIVERStim.alford@mail.house.gov
OHIO SENATORTROY BALDERSONbalderson@ohiosenate.gov
OHIO REPRESENTATIVERON HOOD rep78@ohiohouse.gov

Page 4of4

((740-654-2654)
(614-466-8076)

(614-466-1464)

"Rebellion to tyranny is obedience to God". Thomas Jefferson

Who will you obey?

(614-469-6774)

Blvd,

~.