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VERIFIED
ELECTION COMPLAINT David
Palmer Relator/Plaintiff -vs- Terrence
O’Donnell Associate
Justice - This complaint deals
with Mr. O’Donnell’s violations of ORC Sec. 3517.13(O) as to the illegal
expenditure of campaign funds for the payment of legal fees to defend against
criminal charges filed by relator on or about ORC Sec. 3517.13(O)
states, No beneficiary of a campaign fund or other person shall convert for personal use, and no person shall knowingly give
to a beneficiary of a campaign fund or any other person, for the beneficiary's
or any other person's personal use, anything of value from the beneficiary's
campaign fund, including, without limitation, payments to a beneficiary for
services the beneficiary personally performs… The OEC Advisory
Opinions set forth below demonstrate that Mr. O’Donnell’s conduct in using
campaign funds to pay to defend him against criminal charges violated Ohio
Election Laws. Advisory
Opinion No. 87-9 To:
Theodore Urbonowicz: Friends
of Judge G.J. Novicky Syllabus: “A public officeholder may not use campaign funds to pay for legal representation to defend himself or herself against criminal charges of tampering with records, theft in office, falsification and bribery.” “Officeholder’s duties do not include defending himself or herself against charges of criminal conduct.” Advisory
Opinion No. 96ELC-08 (07-30-96) Syllabus: “Expenditure for legal fees to defend against criminal charges is an inappropriate use of campaign funds on behalf of an officeholder.” Criminal Case Involving O’Donnell The
campaign funds that Justice Terrence O’Donnell illegally used to defend
against criminal charges are as follows: State of
Ohio v. Terrence O’Donnell Case No.
2004CRB11554 On
or about May 19, 2004, relator filed two (3) criminal complaints against
respondent O’Donnell with the Clerk of the Franklin County Municipal Court.
Two complaints charged Mr. O’Donnell with violating ORC 2921.43
(receiving improper compensation). The
third charged that O’Donnell had filed a false 2003 Financial Ethics
Disclosure Statement by failing to disclose that he earned income from the
personal use of a state car and fuel. Shortly
after relator filed said criminal complaints, Mr. O’Donnell employed Mr. Saxbe
of Chester, Wilcox & Saxbe to defend him regarding the criminal charges
pending in Franklin County Municipal Court.
On
Nov. 23, 2004, O’Donnell authorized payment of $14,137.50 to Chester, Willcox
& Saxbe for their criminal defense of him to charges filed by relator.
(See http://serform2.sos.state.oh.us/pls/porthope/DEV.SAP_RPT_CAND_EXPEND.show
at the Ohio Secretary of State website)
Mr. O’Donnell knowingly
violated Ohio law by using campaign funds for the payment of legal fees for
his criminal defense as set forth above. |
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