COMMITTEE'S SECOND REPORT ON ABUSES REGARDING THE USE OF
VISITING JUDGES IN OHIO
JULY 22, 1998
The following is an initial report while I await receipt of requested public records from the Supreme Court, which should prove to be very enlightening to say the least. The facts below will establish that Moyer finds it acceptable for judges to charge more than one county for work on the same day and for work claimed to have been done while at home.
RICHARD B. MCQUADE, JR.
The following table details McQuade charging more than one county for a full day of work. These examples were gleaned from 8 of his monthly compensation reports, all of which were approved by Moyer. I'm extremely confident that the other 60-65 monthly reports involving McQuade, plus the others I have requested regarding 10 other judges will prove quite interesting to say the least. (See Ex. 1, McQuade's compensation reports attached)
Also, I would note that when I received the latest batch of assignments of McQuade by Moyer, July 1997 to date, unlike the previous batches they did not include the requests for assignments and other attachments in the files. Moyer, et al. were clearly aware as of August 1997 that upon receipt of the entire public records I was able to expose the egregious abuses relating to the visiting judge system.
One need not be a rocket scientist to figure out who had the most to gain by concealing those portions of the public records I requested. Patently, it wasn't some secretary doing this on her own inspiration. Hopefully, this will not happen again as it relates to the Committee's July 20, 1998 request for public records. (See Ex. 2)
12-11-96, Lucas County--1-day--$357.00
12-11-96, Huron County--1-day--$329.00
06-24-96, Lucas County--1-day--$357.00
06-24-96, Sandusky County--1/2-day--$178.00
01-14-96, Lucas County--1-day--$357.00
01-14-96, Ottawa County--1/2-day--$164.00
11-08-96, Huron County--1/2-day--$170.55
11-08-96, Lucas County--1/2-day--$178.50
04-25-97, Sandusky County--1/2-day--$177.50
04-25-97, Union County--1/2-day--$166.31
02-04-97, Lucas County--1-day--$367.80---General Division
02-04-97, Lucas County--1/2-day--$178.50--- Domestic Relations
02-05-97, Lucas County--1-day--$367.80---General Division
02-05-07, Lucas County--1/2-day--$178.50---Domestic Relations
02-06-97, Lucas County--1-day--$367.80---General Division
02-06-97, Lucas County--1/2-day--$178.50---Domestic Relations
02-07-97, Lucas County--1-day--$367.80---General Division
02-07-97, Lucas County--1/2-day--$178.50---Domestic Relations
02-10-97, Lucas County--1/2-day--$178.50---General Division
02-10-97, Lucas County--1/2-day--$178.50---General Division
03-14-97, Ottawa County--1/2-day--$169.41
03-14-97, Lucas County--1--day--$367.80
03-08-97, Union Coounty--1-day--$330.62--- SATURDAY
12-06-96, Lucas County--1-day--$357.00--- SATURDAY
04-05-97, Lucas County--1/2-day--$183.90--- SATURDAY
04-06-97, Lucas County--1/2-day--$183.90--- SUNDAY
04-12-97, Lucas County--1/2-day--$183.90--- SATURDAY
04-13-97, Lucas County--1/2-day--$183.90--- SATURDAY
03-08-97, Union County--1-day--$330.62--- SATURDAY
06-15-96, Lucas County--1-day--$357.00--- SATURDAY
06-16-96, Lucas County--1--$357.00--- SUNDAY
TOTAL FOR SATURDAY/SUNDAYS----$2,467.84
TOTAL IN EXCESS OF ONE DAY--------$1,544.92
LUNCH MONEY PER ABOVE-------------$240.00 (est.)
MILEAGE REIMBURSEMENT----------$ 350.00 (est)
TOTAL OF THE ABOVE CLAIMS--------$4,612.76
As of this date, and without reviewing the documents previously requested from the Supreme Court and others, there is no way of knowing if McQuade billed the Domestic Relations Division and the General Division in Lucas County for separate $20 lunches on the same date and for gas money also.
The following compares the amount of hours an honest judge in Ohio would have been required to work to earn $4,612.76 against that of an unskilled minimum wage worker at $5.15 per hr., a part-time worker at Burlington Air Express at $7.00, and a UAW worker at an auto plant at $17.00.
Minimum wage worker must work 838.5 hours, which equals 21 weeks.
UAW autoworker must work 271.2 hours, which equals 6.8 weeks.
Burlington Air Express part-time worker must work 658.8 hours, which equals 16.5 weeks.
Honest Judge must work 105.4 hours, which equals 2.6 weeks.
Dishonest Judge doesn't have to do anything except submit phony claims.
What is really distressing is the fact that McQuade and those acting as his protectors and/or apologists could care less about the common folks that have to actually work for a living. Clearly, they have never broken bread with these common folks. However, McQuade, et al. are quite satisfied to tax those who they feel are beneath them in order to unjustly enrich themselves. In their tortured minds, that's about all these common folks are good for!
Borrowing the following phrase from John Milton seems apropos as it relates to McQuade and his mentor, benefactor and chief apologist Moyer.
Him the Almighty Power
Hurled headlong flaming from th' ethereal sky
To bottomless perdition, there to dwell
In adamantine chains and penal fire,
Who durst defy th' Omnipotent to arms.
APPROPRIATE ACTIONS AGAINST MCQUADE, ET AL.
Beginning in August of 1997, I have personally pleaded with Ms. Montgomery to investigate and prosecute this egregious criminal behavior. I have provided her with voluminous documents, all at my expense that supported this perverted misconduct. On June 30, 1998 (See Ex. 3), I received my last letter from Ms. Montgomery, a letter that left me dumbfounded and stunned that she would continue to refuse to act. Relevant portions of that letter are as follows:
"Thank you for your follow-up letter requesting an investigation by our office into your allegations of criminal misconduct by various members of the Ohio bar, including Judge McQuade.
Basically, Chapter 109 of the Ohio Revised Code sets out the powers and duties of the Attorney General's Office. Among these powers is the authority to investigate 'any criminal activity in this state that is of statewide on inter-county concern when requested by local authorities.
We cannot investigate upon request of a private citizen."
I'm not personally privy to each and every independent investigation that Ms. Montgomery has initiated during her tenure as Attorney General. However, I would suspect that if some private citizen provided her with facts about criminal conduct involving, shall we say for the sake of argument, some public official who was a Democrat rather than a Republican, and she knew she could get some political mileage out of prosecuting that individual, I'm confident she would not hesitate to vigorously go after such a person.
ACTIONS THAT MOYER AND MS. MONTGOMERY ARE
CLEARLY VERY RELUCTANT TO DO.
On July 24, 1998, the Chairman will personally deliver letters regarding these matters to Ohio's Governor and Secretary of State demanding that they individually and/or collectively do what Moyer and Ms. Montgomery lack the courage to do. The relevant portions of those letters are as follows:
Find attached hereto a copy of the Committee's July 22, 1998 Report on Visiting Judge Abuses and Fraud in Ohio. The Committee's initial report of July 17, 1988 can be viewed on the Committee's web site at www.amoralethics.com.
A cursory review of these reports proves beyond any doubt that Judge Richard B. McQuade, Jr. of Swanton, Ohio, among others, has engaged in a pattern of corrupt activity through the submission of hundreds of false claims for expenses he never incurred and/or for wages for work he never performed. Unfortunately, Chief Justice Moyer and Ms. Montgomery have refused to take any action of any kind to prevent further looting of the State treasury by McQuade and others, which is indeed unfortunate.
As Ohio's Chief Executive, I trust that you will be absolutely appalled that this criminal conduct has been allowed to continue unabated for so many years, especially when it was brought to the attention of Ms. Montgomery and Moyer in August 1997. As Governor and candidate for the U.S. Senate, I'm confident that you will feel compelled to take immediate action to prevent even one more dollar of the voter's money to be pilfered in this manner.
I'm confident that as you review this matter that McQuade will have defrauded the voters and taxpayers out of hundreds of more dollars. This cannot and must not continue. On behalf of the voters and taxpayers of Ohio, I would respectfully demand and fully expect that you will, pursuant to your oath of office, immediately issue an order wherein McQuade is summarily discharged so that he can no longer treat Ohio's treasury as his own private stash if you will.
On behalf of the voters and taxpayers of Ohio, I wish to extend to you my personal thanks for tending to this serious matter expeditiously. (See Ex. 4)
ROBERT TAFT, SECRETARY OF STATE
Dear Mr. Taft:
Find enclosed herein a copy of the Committee's letter to Governor Voinovich, which relates to a serious matter that I trust you will be truly concerned about. I would invite you to review the Committee's web site at www.amoralethics.com in order that you may become more familiar with the sordid misconduct of Judge Richard B. McQuade, Jr. and others.
On behalf of the voters and taxpayers of Ohio, the Committee would invite you to let us know what your policy is and/or would be if confronted with this type of egregious misconduct by public officials. Hopefully, your outrage will assist in putting an immediate end to this perverted conduct. (See Ex. 5)