OhioSupreme Court

The Office of Disciplinary Counsel

250 Civic Center Drive Suite 325

Columbus, Ohio

Attn: Joseph M. Caligiu – Disciplinary Counsel Chief

Re: Ethics complaint v. Retired Visiting Judge David E. Stucki

Attorney Registration Number: 24140

Admission Date: 05/13/1985

P.O. Box1

Brewster, Ohio 44613

Tele: 330-844-1211

Dear Mr. Caligiu:

The following ethics complaint deals with Judge Stucki’s misconduct in repeatedly violating the Supreme Court rules/guidelines prohibiting a retired judge from earning more in a fiscal year than an elected/sitting judge.

Supreme Court Guidelines for Assignment of Judges re: limits on annual compensation states:

The aggregate annual compensation paid to the assigned judge as a result of all assignments shall not exceed the annual compensation payable to a judge serving on the highest level of court to which the judge has been assigned during the calendar year.

Violations of the Code of Judicial Conduct

RULE 1.1 [5] Compliance with the Law

Actual improprieties include violations of law, court rules/guidelines, or provisions of this code.

There can be no doubt that Judge Stucki repeatedly violated Supreme Court Rules/Guidelines limiting the income he was entitled to receive in any given fiscal year.

RULE 1.2Promoting Confidence in the Judiciary: A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

It is unfortunate that Stucki’s conduct tends to promote disdain for the integrity of the judiciary rather than promoting confidence.

RULE 1.3Avoiding Abuse of the Prestige of Judicial Office: A judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so.

It cannot be disputed that Stucki abused his judicial position for personal financial gain. Put simply, he displayed total contempt for the rules limiting annual wages paid to retired visiting judges.

The figures below, all provided to me by the Ohio Supreme Court set forth the fiscal years, amounts paid to Stucki, sitting judges salary, and the amounts he received in violation of the guidelines/rules.

07/04/2020 to 06/19/2021 = Paid $164,449.65 v. $151,497.00 sitting judge = $12,952.65 overage

07/06/2019 to 06/20/2020 = Paid $156,415.54 v $148,891.00 sitting judge = $7,524.54 overage

07/07/2018 to 06/22/2019 = Paid $152,859.84 v $146,075.00 sitting judge = $6,784.84 overage

07/08/2017 to 06/23/2018 = Paid $142,615.71 v $139,700.00 sitting judge = $2,915.71 overage

07/09/2016 to 06/24/2017 = Paid $134.152.49 v $133,850.00 sitting judge = $302.49 overage

$750,493.23 = total paid v. $720,013.00 sitting judge = $36,681.23 overage

And lastly, since the amounts paid to Stucki were in violation of the guidelines/rules, he should be required to pay prejudgment interest of at least $6,200.00. Therefore, the total amount he would owe to the State and affected counties would be $42,882.23.

Mike said 

Please provide me with a complete copy of Judge Stucki’s reply to this ethics complaint.

Dave Palmer

Folsom, California