Update #2 – Renz Sanctioned by Judge That Violated Code of Ethics Despite NO Evidence of Wrongdoing

Attorney Tom Renz was sanctioned by Judge James Carr of the Northern District of Ohio, Western Division, Toledo despite the fact that there was no evidence on record of wrongdoing and three days worth of evidence, including testimony from 6 other attorneys from around the country, that Renz’s work was good and proper. Judge Carr used his power in the court to request motions for sanctions and then moved forward despite the complete lack of evidence of any wrongdoing. 

The stated basis of Carr’s actions was that the case was frivolous, and the proceedings were vexatiously multiplied. Not only did 6 licensed attorneys and Renz himself testify as to the validity of the case, the Sixth Circuit had previously accepted oral arguments on the case and, while the 6th ultimately ruled against Renz, they did agree in part with his position in the case. By rule the 6th Circuit will not grant oral arguments if they determine, “(1) the appeal is frivolous; (2) the dispositive issue or issues have been authoritatively decided; or (3) the facts and legal arguments are adequately presented in the  briefs and record, and the decisional process would not be significantly aided by oral argument. Fed. R. Bankr. P. 8019(b).”  

In terms of vexatiously multiplying the proceedings the only actions in the case were filing a complaint and responding to a motion to dismiss. The appeal to the 6th Circuit cannot be considered multiplication of proceedings by law.

In this case, the Judge seemed bent on reaching a conclusion and ordering sanctions regardless of the facts. It may be fair to ask whether it is because a finding was issued on a complaint filed by Renz’s co-counsel in the case against Judge Carr. In the finding the 6th Circuit recognized that the Judge accepted an ex parte statement that was important (substantive) nature to the case from one of Governor Mike DeWine’s lawyers in another COVID case. So, again, it seems reasonable to ask whether the ruling in this case– based on no evidence – was retaliatory.

Renz is hoping to appeal this abysmal miscarriage of justice and ensure actual law is followed here. Please help us fight against another shady court and push for reform of the justice system so we can bring these cases effectively when disease X is released.