Sirkin argued the court did not have jurisdiction to take action against Wells because her initial two-year term of in lieu of conviction probation initiated April 7, 2017, had expired before any notice of violation was filed in late April 2019. The Miami County court violated Wells' rights to due process, Sirkin argued. If that was the case, the guilty findings and the resulting sentence of “no breaks” community control should be dismissed, Sirkin said.
Watkins argued that Wells was required under ILC to provide reports showing compliance with the Ohio Lawyers Assistance Program for chemical dependency treatment but had failed to provide reports or respond to inquiries about the reports.
In its ruling, the appeals court justices rejected Wells' claims of due process violations, saying she was given notice of hearings and an opportunity to be heard, and of double jeopardy, ruling that the indictment against her was still pending before the Nov. 7 hearing.