Judge Wagner makes last-minute decision to remain on court

December 31, 2010

Dayton, Ohio: Judge A.J. Wagner, of the Montgomery County Court of Common Pleas in Ohio made a surprising move on December 30th, the day before his retirement, to change his mind and remain on the court. The letter Judge Wagner sent to Chief Justice Eric Brown on December 30th stated, “The person who has been appointed to replace me has informed me he will not keep one of my staff members. Therefore, I am rescinding my resignation effective immediately.” Wagner had announced his retirement on November 30, 2010. On December 30th, Gov. Strickland appointed attorney Steve Dankof as Wagner's replacement. But Wagner apparently saw no reason to retire once he discovered that all three of his staff members would lose their jobs.

The abrupt decision was virtually unprecedented, but was legal, since Wagner's retirement was not yet effective. "I guess he can change his mind...I’ve never heard of this happening before.” said University of Dayton School of Law professor Tom Hagel. However, Hagel also noted that this precedent may have negative consequences, since it effectively gives judges the power to approve their successors and removes some of the Governor's power of appointment. Wagner reassured the court that he will be returning all of the presents he received and will reimburse the court for his farewell party.