| ► Columbus Dispatch – 04/20/01 – Complaints accuse judge of theft in office |
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Columbus Dispatch – April 20, 2001 – Complaints accuse judge of theft in office Complaints accuse judge of theft in office
Friday, April 20, 2001
Jon Craig
Dispatch Statehouse Reporter
Criminal complaints have been lodged against visiting Common Pleas Judge Stephen A. Yarbrough alleging theft in office.
The complaints were filed Wednesday in Franklin County Municipal Court by David Palmer of Powell, who heads a judicial watchdog group.
In addition to citing alleged overbilling for meals, Palmer raised questions about Yarbrough renting a German Village apartment with a state employee who is executive director of the Ohio Rail Development Commission.
Yarbrough, a retired judge from Lucas County Common Pleas Court, did not return messages yesterday.
Palmer also alleged Yarbrough billed Franklin County Common Pleas $390 for a day's work in September 1999 when he was billing $390 for the same day's work in Marion County Common Pleas Court. Another complaint accuses Yarbrough of billing Franklin County taxpayers for meals in November 1999 on the same day he billed Darke County Common Pleas Court for meals.
Palmer yesterday said he found 21 instances of Yarbrough double-or triple-billing Common Pleas courts since 1998--at an extra cost to taxpayers of at least $7,627--and more than 250 instances of Yarbrough submitting false meal expenses since 1997. But
Palmer said he needed to complain about only one example of improper compensation to Clerk of Court Paul M. Herbert to trigger an investigation.
Palmer claimed Yarbrough paid James E. Seney, now Ohio Rail Development Commission executive director, $1,920 in rent in 1999 and an undisclosed amount in previous years--something he said Seney should have revealed on annual state financial-disclosure statements.
Seney, who was an employee at the Department of Development at the time, yesterday said he did not think he needed to report Yarbrough's share of the rent because he didn't consider it income. Seney said an employee of the Ohio Ethics Commission has asked to meet with him Monday.
Seney, former mayor of Sylvania, worked for the state Department of Development in 1999 when he rented an apartment at 509 4th St. Seney said he shared the apartment with Yarbrough when the judge was hearing local court cases. It helped reduce Seney's $650-a-month rent, he said.
"We were roommates. He paid about one-third," Seney said. "As far as I know it's not income…I rented an apartment and he (Yarbrough) tagged along."
Referring to Palmer, Seney said: "He kind of sounds like a legal stalker. And you can't get rid of them. Obviously I want to clear it up."
Palmer said that if Yarbrough was legitimately residing part-time in Columbus he should not have been allowed to bill for many of his meals, overnight lodging and travel.
Franklin Country Prosecutor Ron O'Brien's office referred Palmer's misdemeanor complaints to Columbus City Attorney Janet Jackson. A court appearance has been set for May 10.
O'Brien said there might have been problems with the Ohio Supreme Court's billing guidelines during the time period in question.
Meanwhile, Palmer is defending himself in a January complaint filed against him by the state Office of Disciplinary Counsel, alleging the unauthorized practice of law. Palmer is executive director of a cause he calls the Committee to Expose Dishonest and Incompetent Attorneys and Judges.
"They want me to prosecute myself," Palmer said after a deposition taken yesterday in his case, slated to go to court on Aug. 15.
"I find it rather odd that I am being forced somewhat to act as a de facto government investigator, auditor and quasi-prosecutor in rooting out judicial corruption."
Palmer said he intends to file similar complaints against Yarbrough in Butler, Cuyahoga, Dark, Delaware, Lucas, Mahoning and Ross counties where he alleges double-billing occurred.
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