An affidavit filed this week in Seneca County Common Pleas Court by attorneys Francis Marley Jr. and Gene Murray is requesting that Tiffin Municipal Court Judge Mark Repp be disqualified from assuming the position of administrative judge of Fostoria Municipal Court on grounds of a conflict in interest.
Repp was appointed administrative judge by Supreme Court Chief Justice Maureen O'Connor June 12 to tentatively begin Tuesday.
He is to serve as an interim through Oct. 17 to fill the spot of former Fostoria Municipal Court Judge Barbara Marley, who died from cancer in April. She had only completed three months of her elected six-year term.
"Judge Mark E. Repp is utilizing the prospect of said appointment for the primary purpose of pursuing and fulfilling a vested interest in merging the Fostoria Municipal Court with the Tiffin Municipal Court the attainment of which will be the aggrandizement of the power and jurisdiction of the Tiffin Municipal Court, over which Judge Mark E. Repp presently presides," the affidavit states.
The affidavit also states Repp directly implied to Fostoria Municipal Court employees that the termination of their jobs would occur if the merger happened.
The merging of the two courts has recently been discussed by both Tiffin and Fostoria and it has been estimated to save the city of Fostoria an estimated $400,000 in operating costs for their court.
Instead of the merger, Murray and Marley are requesting the appointment of a new judge.
A decision regarding the affidavit has not been made yet by Seneca County Common Pleas Court Judge Steve Shuff, the presiding judge of the case.
Repp declined to comment Thursday afternoon and phone calls placed to Murray and Marley Thursday evening were not returned by deadline.