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

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.