The governor of Ohio is trying to take control of the state school board. They are too independent for Governor Mike DeWine’s taste because they are elected, not appointed by him. As an official body, the school board sued the state to block the takeover and was represented by the state Attorney General’s office. Unfortunately, their lawyer—it was discovered—was also advising the defense counsel. Their lawyer was “Chief Counsel and Ethics Officer for the Ohio Attorney General.” He will no longer be representing the state school board.

The Ohio Capital Journal reported:

An Ohio Attorney General lawyer for state school board members in their ongoing lawsuit to stop a massive transfer of power over K-12 education from the board to the governor’s office was found by the court to be giving legal advice to the defense counsel, also a member of the Attorney General’s Office.

Chief Counsel and Ethics Officer for the Ohio Attorney General Bridget Coontz has been disqualified from participating in the lawsuit anymore after sending an email on Oct. 3 that included legal advice to the counsel for defendants, Julie Pfeiffer, the section chief at the Ohio Attorney General’s Office, according to new court documents in the Franklin County Court of Common Pleas.

“In the email, Coontz offered legal advice to Counsel Pfeiffer clearly related to this case,” Franklin County Common Please Court Judge Karen Held Phipps wrote in an order disqualifying Coontz on Monday. “Coontz offered legal advice to Counsel Pfeiffer, which was directly adverse to Plaintiffs (Christina) Collins and (Michelle) Newman, who Coontz represented in this case. … Public confidence in the outcome of this case requires that Coontz be disqualified from any further participation.”

Seven members of the Ohio State Board of Education originally filed a lawsuit against Ohio Gov. Mike DeWine on Sept. 19 in an attempt to block an overhaul of K-12 education that was included by lawmakers in the state’s two-year budget this summer. Judge Phipps issued the temporary restraining order Sept. 21. Coontz filed a motion on Sept. 27 to substitute the Attorney General as counsel for the original seven plaintiffs.

“Coontz assured the Court that there was no danger of a conflict-of-interest in this situation because the Office of the Attorney General maintained a complex screening process in order to eliminate any such conflict of interest,” Phipps wrote.

When a conflict comes up between Ohio Attorney General clients, an ethics screen is set up between the AG lawyers and is distributed to all attorneys and supervisors involved in the case, Phipps said Coontz explained to the court during an expedited briefing process…

But Coontz mistakenly sent an email to a recipient on the other side.

According to Judge Phipps, Coontz told the court the ethics screen “did not become necessary because she determined that a conflict of interest did not exist.”

“Coontz’s argument in this regard is absurd on its face,” Judge Phipps wrote. “The Court strongly disagrees that Coontz personally gets to determine when a conflict of interest has arisen. The main concern here is the appearance of impropriety, which is precisely what Coontz’s email created. … Accordingly, Coontz is hereby disqualified from any further participation in this matter.”

The lawsuit is trying to stop the Ohio Department of Education from transitioning to the Ohio Department of Education and Workforce, which would create a cabinet-level director position and put the department under the governor’s office.