| ► La Prenza – 07/04/01 – Ohio State Bar Assn retaliates with charges against judicial watchdog |
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La Prenza – July 4, 2001 – Ohio State Bar Assn retaliates with charges against judicial watchdog By Alan Abrams
La Prenza Senior Reporter
The Ohio State Bar Association has filed charges against judicial watchdog and whistleblower David Palmer accusing him of practicing law with a license.
Palmer, formerly of Maumee and now living in Powell, Ohio, is the founder of the Committee to Expose Dishonest and Incompetent Attorneys and Judges. Over the last few months, Palmer has brought theft-in-office as well as misdemeanor charges against nine retired judges serving as visiting judges. He said as many as 100 judges statewide may be implicated in the burgeoning scandal.
A hearing on the allegations, which is open to the public, has been set for August 15 in Columbus.
Palmer told La Prensa that the Disciplinary Counsel of the Ohio Supreme Court advised him that they wish to come to his home on July 15 to review documents. He said he would set up a makeshift country-style office in his garage to accommodate them.
Palmer shared with La Prensa an April 18, 2000 letter he sent to Dianna Anelli of the Ohio Supreme Court in which he sought an “Ethics Advisory Opinion.”
The letter begins with Palmer stating, “over the past several months I have been inundated with requests for free legal advice from all over the country. Additionally, I have received and continue to receive numerous requests asking me to review evidence of possible attorney/judicial misconduct. If my review results in a finding of probable cause, I am then requested to assist in drafting a filing a complaint with the appropriate State agency.”
“Receipt, review of and drafting complaints regarding attorney/judicial misconduct is time consuming. My question to you and/or your office deals with the matter of billing my clients a reasonable rate for my services. Towards that end, would find it more ethical to charge my clients a flat fee for this service or would an hourly fee of between $45-$60 per hour be reasonable,” asked Palmer.
Palmer’s answer to the Complaint against him clearly states that the request for an Ethical Opinion/Advisory “was limited to persons seeking assistance in filing grievances against lawyers and judges.”
The Bar Association complaint focuses upon Palmer’s activities on the World Wide Net. He says the actions of the Bar Association attempt to “unlawfully restrain” his right to engage in interstate commerce on the Net.
Writes Palmer, the “complaint is an overt act in a continuing effort by the organized Bar to protect an illegal monopoly in Ohio and all other States as it relates to the giving of guidance to those persons seeking suggestions relating to legal and/or quasi legal matters.”
Palmer said he intends to call an array of witnesses, including Chief Justice Thomas Moyer and two of the visiting judges against who he has filed multiple complaints: Judge Richard McQuade and Judge Stephen Yarbrough.
Palmer denies he “has ever held himself out as being a lawyer and in fact readily denies same due to the obvious loss of credibility and long term relationships with others if he were to admit and/or even suggest same.”
Added Palmer, “It is unknown what persons may have indirectly believed that respondent was a lawyer because, of the many skills which respondent possesses, clairvoyance is not one.”
Palmer told La Prensa he filed a complaint against “the chief of disciplinary counsel and his assistant for engaging in a blatant conflict of interest. I have received several letters from Disciplinary Counsel stating it could not investigate any complaints I filed against lawyers and judges because it has a ‘conflict of interest’ since it is prosecuting me for the unauthorized practice of law.”
However, Palmer said that last month, “they tossed three of my complaints against Perrysburg lawyers who sued my wife to collect hourly fees for time spent responding to grievances I filed with Disciplinary Counsel”
Palmer said he has also filed misconduct and conflict of interest complaints against two of the sitting members of the Board of Grievances and Discipline.
He said Justice J. Craig Wright represents Judge Richard McQuade, while at the same time he is a member of the Board of Commissions which is prosecuting him for unauthorized practice of law.
Palmer also said Appellate Court Judge Gwin of Stark County, who sits on the board, was appointed to sit on a three judge appellate panel reviewing a complaint filed by Palmer against Chief Justice Thomas Moyer. That complaint alleged misconduct on the part of Chief Justice Thomas Moyer in supporting Judge Terrence O’Donnell in his race against Justice Alice Resnick for the Ohio Supreme Court.
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