Judge’s OVI Nets Public Reprimand

On August 12, 2020, the Supreme Court of Ohio publicly reprimanded Franklin County Common Pleas Court Judge Monica Hawkins after her conviction for OVI, a first-degree misdemeanor. She is the third judge to be publicly reprimanded this year for such conduct.

The incident occurred on January 31, 2019 in Pickerington, Ohio, where Judge Hawkins was arrested after a citizen called 911 reporting a suspected intoxicated driver.

Judge Hawkins denied consuming alcohol stating that she just got lost while driving home. The officer that stopped her smelled alcohol, noticed a bleeding knot on her forehead and what appeared to be vomit on her coat and on the car floor. Judge Hawkins identified herself as a judge. After failing several sobriety tests, Judge Hawkins was arrested for OVI.

Judge Hawkins refused to provide a breath sample and, after the police obtained a warrant, refused to allow a blood draw to test her alcohol level. Eventually four hospital employees held her down so that the blood could be drawn. Results of the blood test showed a blood-alcohol level of 0.199, over twice the legal limit of 0.08.

Judge Hawkins pled guilty to OVI and was sentenced to 90 days in jail, with 87 days suspended and a $375 fine. She was permitted to complete a 72-hour driver-intervention program rather than actual jail time.

In disciplinary proceedings, the Supreme Court of Ohio found that Judge Hawkins violated Jud.Cond.R. 1.1 (failure to comply with the law) and Jud.Cond.R. 1.2 (failure to act in a manner that promotes the public confidence and independence, integrity and impartiality of the jury and to avoid the impropriety and the appearance of impropriety). (2020-Ohio-4023).

Judge Doherty violated Jud.Cond.R. 1.2 and Jud.Cond.R. 1.3 (using the prestige of the office for personal gain) for a similar violation and received a public reprimand (2020-Ohio-1422). Judge Gonzalez violated Jud.Cond.R. 1.1 and Jud.Cond.R. 1.3 for similar behavior, and, likewise, received a public reprimand (2020-Ohio-3259). Judge Marshall violated Jud.Cond.R. 1.1, Jud.Cond.R. 1.2 and Prof.Cond.R. 84.(h) for similar conduct and received a public reprimand (2015-Ohio-1187).

Judge Reprimanded For Presiding Over Former Client’s Case

Mahoning County Probate Judge Robert Rusu, Jr. was publicly reprimanded for presiding over several cases in which he formerly represented a party.  Appointed to the bench in July, 2014, Rusu was elected into office later that year.  Upon taking judicial office, Judge Rusu neglected to inform some of his clients that he would no longer be representing them in the legal matters.

In one matter, Mr. Rusu represented an executor of an estate.  When he took judicial office, he informed his client he could no longer represent her but referred her to his law office associate who assumed her representation.  Judge Rusu ultimately adopted a Magistrate’s Decision regarding the matter.  He indicated that he did not believe his presiding over the matter would be a problem because all parties were represented by counsel, they resolved the matter and they never formally appeared before him.  According to the disciplinary case, the Office of Disciplinary Counsel identified approximately 170 cases in which Mr. Rusu represented a client and later took some action in their case while a Judge in Probate Court.  Approximately 120 of those cases involved a deputy clerk issuing form letters using a stamp to place the Judge’s signature on the letter.

Additionally, the disciplinary complaint alleged that Judge Rusu failed to notify many of his clients with dormant cases that he had been appointed to the bench, thereby denying them the opportunity to be advised to obtain replacement counsel or to request the return of their files.

Because there was no evidence that Mr. Rusu’s former clients were harmed or that their cases resulted in anything less than evenhanded justice, Judge Rusu was given a public reprimand for this misconduct.