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By JOHN McCARTHY
COLUMBUS, Ohio (AP) - Paul Pfeifer and Andy Douglas held countless discussions in the 10 years they spent together on the Ohio Supreme Court, but nothing like the conversation they had Monday in an Allen County courtroom.
Douglas, who retired this year after 18 years on the court, called Pfeifer, still a member of the court, as a witness Monday in a union's suit against the state and Gov. Bob Taft over the governor's plan to shut down the Lima Correctional Institution.
Taft in January announced he would shut down the 1,500-inmate prison to save $25 million a year. The Ohio Civil Service Employees Association, which represents about 400 of the prison's employees, filed the lawsuit July 18 after an arbitrator ruled against the union's attempt to keep the prison open.
Douglas subpoenaed Pfeifer to explain the background of legislation in 1982 that converted the Lima State Hospital into the prison. Pfeifer, then a state senator, was a sponsor of the bill along with Mike DeWine, now a U.S. senator, Myrl Shoemaker and C.J. McLin, who have both since died.
Pfeifer, who has served on the court since 1993, also was chairman of the Senate Judiciary Committee, which held hearings on the bill.
Douglas, who served on the court from 1985 to 2003, argued that a governor has no authority to close a prison created by the Legislature. During his testimony, Pfeifer did not state a position on the issue but provided a history of the legislation.
''It was important to show the Lima Correctional Institution of the General Assembly,'' Douglas said Wednesday. ''That's a law and it was the governor's job to execute the law and not abrogate it.''
Pfeifer said Wednesday that the prison was created in response to inmates' families frustration in having to travel long distances to see their loved ones in places like Lucasville in southern Ohio, home of the state's maximum security prison. The conversion also saved the state about $18 million by not building a new prison, he said.
Pfeifer described his testimony as unremarkable.
''Trials aren't like they are on TV. It's long stretches of tedious, boring stuff interrupted by fireworks. I was part of the tedious and boring stuff,'' Pfeifer said.
Taft contended that his role as governor includes the authority to manage the Department of Rehabilitation and Correction.
''The governor has the authority to make sure our expenditures are consistent with the state budget,'' Taft said. ''Closing the prison in Lima is part of that budget.''
Even though he has taken no position on the closing, Pfeifer said he would remove himself from the case should it reach the Supreme Court.
On the Net:
Ohio Supreme Court: http://www.sconet.state.oh.us/
Ohio Department of Rehabilitation and Correction: http://www.drc.state.oh.us/
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