| ► Toledo Blade - 04/29/05 - 3 justices seeing sanctions against judicial watchdog |
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Toledo Blade
OHIO SUPREME COURT
3 justices seeking sanctions against judicial watchdog COLUMBUS - Three Ohio Supreme Court justices tried to slap back at self-appointed judicial watchdog David Palmer yesterday, asking the state Elections Commission to sanction him with legal fees and costs for his latest complaints against them. An attorney for Justice Alice Robie Resnick, an Ottawa Hills Democrat, felt so strongly about it that he objected when Mr. Palmer, formerly of Maumee and now living in California, withdrew his complaint just as one hearing was to begin.
"We have no intention of withdrawing the motion for attorney fees," Don McTigue said. "You don't go around filing complaints and wait for the other side to bring things to your attention to realize you're wrong. You have to do your homework."
The commission unanimously dismissed a complaint filed against Republican Justice Terrence O'Donnell. A final decision on a third complaint against Republican Chief Justice Thomas Moyer was postponed until May 26 to give Mr. Palmer a chance to respond to a late motion for dismissal and sanctions.
Mr. Palmer has filed numerous judicial complaints before a variety of panels, challenging their use of state-funded vehicles, campaign funds, and billings to the state.
The O'Donnell complaint alleged the justice improperly spent $14,000 from his campaign committee to pay legal fees responding to a criminal complaint filed by Mr. Palmer in Franklin County. The prosecutor chose not to pursue the case.
The commission refused to accept Mr. Palmer's contention that acceptance and stamping of the complaint by the court's clerk elevated the case to an active criminal matter. It dismissed the case and will decide next month whether to approve the motion of Justice O'Donnell's attorney, Christopher Slagle, for sanctions.
Mr. Palmer accused Chief Justice Moyer of improperly accepting campaign contributions from retired judges he appointed as visiting judges to help with various court dockets across the state. The Ohio Board of Commissioners and Grievances had previously dismissed a similar complaint, determining the judges, while appointed by the chief justice, are not employees of the Supreme Court.
"That's a novel argument given the fact that on a yearly basis the Supreme Court, i.e., the state of Ohio, reimbursed retired judges to the tune of $3 [million] to $3.5 million," Mr. Palmer told the elections commission. "These are state funds. How does the state pay for non-state employees?"
Commission Director Phil Richter recommended that the panel find no violation for lack of evidence that the chief justice personally solicited the contributions. The commission, however, delayed a final decision after Mr. Palmer demanded an opportunity to respond in writing to a motion from the chief justice's attorney, Donald Brey, for dismissal and sanctions.
Mr. Palmer had accused Justice Resnick of improperly using $3,000 of campaign funds for membership dues to a professional organization that charges about $150 a year. He withdrew the complaint after her attorney advised him the dues were for a lifetime membership.
The attorneys for Chief Justice Moyer and Justice Resnick had each asked for more than $4,000 in legal fees. The motion from Justice O'Donnell's attorney did not request a specific amount.
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