ethics

Former Judge Burge Law License Suspended

On August 13, 2018, the Supreme Court of Ohio suspended the law license of former Lorain County Common Pleas Court Judge James M. Burge.  Burge was convicted of crimes related to his failure to disclose his interest in office buildings on his financial disclosure forms while sitting on the bench and then assigning paid legal work to attorneys who rented office space from him.

Burge was suspended for one year with six (6) months stayed.  He was also given credit for three (3) months and three (3) weeks that he had served under an interim suspension issued in April 2015 for his convictions for tampering with records and falsification.

The Supreme Court of Ohio deemed the sanction given sufficient since Burge’s misconduct occurred while he was on the bench and he has resigned from the bench.  It believes Burge’s misconduct will not recur.  In Ohio, a judge must have a license to practice law in good standing to maintain his position on the bench.

While a sitting judge, Burge was charged with 12 counts of criminal conduct.  A jury convicted him of three misdemeanor falsification charges and three felony tampering charges.  A visiting judge dismissed the remainder of the charges.  One month later, the felony charges were reduced to misdemeanors.

Burge also made disparaging remarks to convicted criminals appearing before him.  He told one man he “would have paid 50 bucks to give you a beating before you went.”  To another man, he remarked:  “Now if I were to believe you were that stupid, James, I would just have Deputy Motelewski shoot you right now, because I know you’re not going to make it through life.”  In a letter written on court stationery, Burge characterized the proposed bill of a former General Assembly representative as “nothing more than the hobgoblin of a small-minded, mouth-breathing, Tea Party type whose political style and abilities uniquely qualify him to do nothing.”

In a dissenting opinion, Justice Kennedy’s dissent stated that she would have imposed a two-year suspension with one year stayed for such conduct.

Disciplinary Counsel v. Burge, 2019-Ohio-3205.

ethics

Judges Driving Under The Influence

It has, yet again, been a busy week for judicial disciplinary charges this week.

Portage County Common Pleas Court Judge Becky Doherty may face further disciplinary action as a result of an OVI case brought against her.  On February 2019, Judge Doherty was arrested and charged with driving under the influence of alcohol after she drove a vehicle belonging to an Akron woman off a snowy on-ramp to Interstate 76 eastbound at Route 43 in Brimfield and crashed into a ditch at about 9:15 p.m.  She later pled guilty to the charge, a first-degree misdemeanor.

As a result, on May 20, 2019, the Office of Disciplinary Counsel filed disciplinary charges against Judge Doherty with the Board of Professional Conduct requesting sanctions against her for violations of the Code of Judicial Conduct.  She was charged with failure to act in a manner that promotes public confidence in the judiciary and failure to avoid the appearance of impropriety.  The formal hearing on the matter will occur on October 22, 2019.

Chief Assistant Disciplinary Counsel Joe Caligiuri stated that the sanction on this first offense will likely be a stayed suspension or a public reprimand.

In the meantime, the office of Disciplinary Counsel also filed disciplinary charges against Franklin County Domestic Relations Court Judge Monica Hawkins for her conviction for driving while under the influence of alcohol.  Hawkins was arrested in Pickerington on January 31, 2019, with a blood-alcohol level of .199%, nearly twice the legal limit.  Judge Hawkins informed the arresting officer that she was a judge and said she had not been drinking.  She was later convicted of the charge.  The Office of Disciplinary Counsel charged her with failing to comply with the law and failing to act in a manner that promotes public confidence in the judiciary, violations of the Code of Judicial Conduct.  The charges could result in the suspension of her license to practice law.  A suspension carries a heavy penalty as it means that she would also be suspended from the bench as a requirement for holding judicial office is to be able to practice law in Ohio.

ethics

Former Juvenile Judge Jailed

In 2014, former Hamilton County Juvenile Judge Tracie Hunter was convicted of a felony for giving her brother, a juvenile court employee, confidential information.  Then Judge Norbert Nadel sentenced Ms. Hunter to 6 months in jail.  Since then, Ms. Hunter has appealed the conviction in both state and federal court.  In May 2019, federal court Judge Timothy Black found that Ms. Hunter had received a fair trial.  He refused to comment on the sentence, which he said was for the state court to decide.

On July 22, 2019, now Judge Dinkelacker ordered Ms. Hunter to begin her 6-month jail sentence.  Chaos erupted in the courthouse as Judge Dinkelacker ordered the deputies to take Ms. Hunter into custody.  Hunter went limp in a deputy’s arms, resulting in her being dragged from the courtroom.  Now retired Judge Nadel stated that Ms. Hunter was convicted by a jury, was unrepentant for her misconduct, and the sentence was a correct one. Hunter supporters claim the conviction was politically motivated due to Ms. Hunter, a Democrat, taking a seat formerly held by a Republican.

On October 21, 2014, Ms. Hunter’s Ohio law license was suspended due to her felony conviction.  A felony suspension is an interim suspension.  Now that all appeals or proceedings have been concluded, Ms. Hunter will undergo disciplinary proceedings to determine the length of her suspension from the practice of law.

ethics

Judicial Felon Suspended

On July 1, 2019, the Supreme Court of Ohio suspended the law license of former Mahoning County Common Pleas Court judge Diane Vettori-Caraballo, after a federal judge sentenced her to 30 months in prison.  The prison sentence followed Ms. Vettori-Caraballo’s conviction for stealing from the estate of a deceased client. Ms. Vettori-Caraballo was convicted of mail fraud, structuring bank deposits and making false statements to law enforcement.  The Supreme Court of Ohio suspended her license for an interim period due to her felony conviction pending disciplinary proceedings.

Ms. Vettori-Caraballo was ordered to pay $328,000 in restitution, an amount both her counsel and the prosecutors agreed upon.  The theft occurred from the estate of Ms. Vettori-Caraballo’s former client, Dolores Falgiani.  Ms. Vettori-Caraballo absconded with the money when she found it in cash hidden in Ms. Falgiani’s home after her death in 2016.  Since Ms. Vettori-Caraballo has been a Mahoning County Common Pleas Court judge since her election in 2002, her conduct occurred while she was a sitting judge.

The matter was referred to the Office of Disciplinary Counsel for further investigation says The Vindicator, the Youngstown paper.

 

 

ethics

Judge Suspended For Attempting To Influence Daughter’s Speeding Ticket

In February, former Scioto County Common Pleas Court Judge William Marshall was suspended for six months following attempts to influence the outcome of his daughter’s speeding ticket.

When a police officer stopped her, Judge Marshall’s daughter telephoned him.  Judge Marshall spoke with the police officer, who, thereafter, issued a speeding ticket to his daughter.  Later Judge Marshall stated:  “There used to be a code in this county — I’m a Judge and he should not have written my daughter a speeding ticket.”  Thereafter, Judge Marshall attempted to discuss the matter with an Assistant Prosecutor assigned to the case.  Feeling uncomfortable, the Assistant Prosecutor asked the City Prosecutor to handle Judge Marshall’s daughter’s case.

About a month later, Judge Marshall requested the presiding magistrate to appoint counsel to his daughter.  He confided to the Magistrate off the record that he disliked the trooper and wanted to get him in trouble.  When the trooper declined to meet with the Judge to discuss the matter as part of a settlement, the Judge called him a vulgar name.

At trial, both the trooper and Judge Marshall testified.  Judge Marshall requested to be considered an expert on the recalibration of police radar due to his employment in 1994 as a city prosecuting attorney.  He stated he went to the academy many times to be taught how the radar equipment worked. He claimed the only way the trooper could prove the accuracy of the radar was to bring the tuning forks into court. He requested that the court delay a decision until after the trooper had done so.

The magistrate was prepared to issue an order; however, the prosecuting attorney requested that she write it but delay releasing it as he had a felony trial before Judge Marshall the following week and he did not want it to be influenced by an adverse decision in his daughter’s traffic case.  The magistrate delayed issuing the opinion.  She found Judge Marshall’s daughter to be a juvenile traffic offender and set a disposition hearing.

Judge Marshall then called the magistrate indicating that she could not rule against his daughter unless there was an expert testifying to the accuracy of the radar equipment. Ultimately, the Judge accused her of questioning his credibility before ending the telephone call. The magistrate announced the decision and imposed court costs and points.

After the Office of Disciplinary Counsel filed the Complaint against Judge Marshall, he resigned from office.  Entering into a consent to discipline, Mr. Marshall agreed to violations of several judicial rules, including failing to act at all times in a manner that promotes public confidence in the judiciary, abusing the prestige of judicial office, and exhibiting bias or prejudice in the performance of his judicial duties.  The Supreme Court of Ohio issued a six-month suspension.

 

ethics

Dismissal of Kavanaugh Complaint Appealed

New York attorney Jeremy Bates appealed the 10th Circuit’s December 2018 dismissal of the complaint filed against Supreme Court Justice Brett Kavanaugh as a result of his emotional response to allegations that he engaged in sexual harassment of Christine Blasey Ford while in high school.

“Most ‘lawyers cannot evade attorney-misconduct proceedings by resigning from state bars. Why should federal judges be able to evade discipline through promotion to the Supreme Court?’ the petition asks.”  ABA/Bloomberg Law Lawyers’ Manual on Professional Conduct, Current Reports, April 29, 2019.  The 10th Circuit dismissed the complaint stating that Justice Kavanaugh’s elevation to the U.S. Supreme Court took the matter out of the purview of the judiciary’s misconduct process, which only applies to the lower courts.

“Any request to review such dismissals would head to the judiciary’s Committee on Judicial Conduct and Disability, the Administrative Office of the U.S. Courts confirmed. That committee is headed by Third Circuit Judge Anthony Scirica.”  Id.  The full Judicial Conference headed by Justice Roberts, under which the Judicial Conduct Committee sits, could review the Judicial Conduct Committee’s determination.  However, the rules of judicial conduct state that the Judicial Conduct Committee’s determination is final in circumstances where the Judicial Conference does not exercise its powers of review.

ethics

Board Recommends Indefinite Suspension for Judge Horton

In a 42-page Report to the Supreme Court of Ohio, the Board of Professional Conduct recommended that Judge Horton be indefinitely suspended from the practice of law.  In a three-count complaint, Relator, Disciplinary Counsel, charged Judge Horton with misconduct involving failure to file accurate campaign finance reports, misusing county resources in his judicial campaign, and inappropriate sexual conduct with a former intern and sexually harassing his secretary.

On March 16, 2017, Judge Horton pled guilty to three first-degree misdemeanor counts of failing to file complete and accurate records regarding campaign contributions and expenditures.  Judge Horton was sentenced to 6-month consecutive jail sentences, which were suspended in favor of probation.

The Board found that Judge Horton engaged in misconduct by insisting that his staff work on his judicial election campaign on county time.

County Three involved Judge Horton having inappropriate sexual conduct with two members of his judicial staff both in the workplace and outside of the workplace. One involved his secretary, a former hostess at T. Murray’s Bar and Grill. Judge Horton informed her of a secretarial position available at his office and she took the job, saving her from having to work two part-time jobs.  During her employment, Judge Horton made it clear that she was to be at his beck and call, work on his campaign, be available to entertain his friends and endure his constant sexual harassment.  He also sent her inappropriate text messages and later instructed her to destroy them.

Judge Horton also sexually harassed a legal intern during her internship.  He spoke to the intern about the importance of loyalty and explained that people got jobs in the legal industry by being loyal.  Judge Horton told the intern about the power he possessed and his ability to affect people’s careers.  The result was that, even though she did not want to, the intern agreed to have sex with Judge Horton.

The Board found that Judge Horton’s misconduct called into question his character and integrity as both an attorney and a judge.  It found that he violated Jud. Cond. Rules 1.2, 1.3, 2.3(B) and Prof. Cond.R. 8.4(h).  The Board recommended to the Supreme Court of Ohio that Judge Horton be indefinitely suspended from the practice of law.

The Supreme Court of Ohio now must decide whether to adopt the Board’s recommendation.  If Judge Horton is indefinitely suspended, he will lose the ability to remain on the 10th District Court of Appeals until reinstated to the practice of law, a minimum of at least two years.