Twelfth District Judge Michael Powell sits for a Supreme Court oral argument.

Twelfth District Judge Michael Powell sits for a Supreme Court oral argument.

Judge Michael Powell has been hearing cases for the last 11 years on the Twelfth District Court of Appeals. Even with time and experience, he still feels the weight of his decisions like when he first sat on the bench.

“I want it to be right because these cases oftentimes present close questions that can be the difference in the interpretation of a law,” said Judge Powell.

And those decisions can change people’s lives. Judge Powell has seen it from multiple perspectives. Before the Twelfth District, he was an assistant prosecutor, private attorney, and common pleas judge. His cases ranged from juvenile speeding tickets to violent felonies. He says being unfamiliar with a courtroom and the judicial process can add to stress for litigants, from losing a judgment, the custody of a child, or their freedom.

“It’s a platitude to say that judges need to be patient and compassionate. The courtroom can be an intimidating environment, and for a lot of people, being in court represents a low point in their lives. So, it’s important to maintain sympathy and treat all parties with respect,” said Judge Powell.

Pressure for litigants can be elevated during an appeal. Each side has 15 minutes to make their argument as they stand in front of three judges. The nervous tension is heightened at the Supreme Court of Ohio before a panel of seven. It’s an atmosphere Judge Powell experienced recently as a visiting assigned judge.

The Ohio Constitution gives the chief justice authority to select an appellate judge to sit for a Supreme Court case when there is a justice recusal. He sat for Justice Joseph T. Deters, who recused from State v. Brown, which considers if a new trial is needed when a victim finds the suspect on social media and that evidence isn’t presented until trial, and what makes someone a victim of robbery. Judge Powell also heard Vandercar, LLC v. The Port Authority of Greater Cincinnati Development Authority, which examines whether a port authority has immunity that protects it from paying prejudgment interest in a breach of contract case.

Debates about criminal law procedure and contract disputes involve detailed arguments when they reach the state’s high court. And Judge Powell weighs all those fine points given the impact of such decisions.

“I feel every responsibility to get it right, because each case that comes before the Supreme Court is going to establish law for the entire state,” Judge Powell said.