To the Editor:

I'm dismayed by the Petro-Blackwell campaign to punish the four lawyers who challenged the Ohio election result.

Ohio law does not authorize sanctions against attorneys in this type of case. And judging from the wheelbarrows-full of evidence suggesting election fraud, the lawsuit was anything but frivolous.

Moreover, Ohio Supreme Court Chief Justice Moyers must remove himself from making any decision in the case. Ohio Revised Code Section 3515.08 says that the hearing on a contested election is to be heard by the Chief Justice "except that in a contest for the office of chief justice of the supreme court, such contest shall be heard by a justice of such court designated by the governor."

So Chief Justice Moyers' dismissal of the original lawsuit, which challenged both his own election and that of President Bush, was not his decision to make. And any decision he makes to punish the lawyers who brought the challenge to his election will be legally unacceptable.

I respectfully ask the Chief Justice to remove himself from the case and let Governor Taft appoint someone to make the sanctions decision. If the law isn't there to be followed, then what is it for?

Terry Lodge
Attorney at Law
Toledo, OH