| ► Columbus Dispatch – 05/20/01 – Hero or threat? Judges’ critic praised, scorned |
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Columbus Dispatch – May 20, 2001 – Hero or threat? Judges’ critic praised, scorned Jon Craig
Dispatch Statehouse Reporter
His detractors call him “a legal stalker.” His followers, mostly people with unfavorable court experiences, call him a hero.
David Palmer, a Columbus native now living in Powell, has filed 57 felony theft charges this month against nine retired common pleas judges. And he says he intends to file many more criminal complaints against other judges.
Palmer, 56, is seen as a threat by some members of the judiciary, with one visiting judge cursing his litigation, and the wife of another [Judge Richard McQuade] calling him “dangerous.”
“Everyone is scared of Palmer,” she said.
Palmer’s sharply worked complaints, his sarcasm mixed with biting humor and his brusque personality and casual attire can be an affront to some lawyers and judges.
But Palmer says his confidence and sense of humor have kept him from ‘going over the edge.”
As an example, Palmer recently pulled out his judicial-watchdog committee’s letterhead that once listed the initials “J.D.” – normally the abbreviation for a law degree – after his name, with an asterisk noting “Also not licensed in Colorado and Maine.”
The state Office of Disciplinary Counsel has filed a complaint against Palmer alleging that he has engaged in the unauthorized practice of law. When he gave a sworn statement May 10, Palmer was asked what the J.D. stood for.
“Jocular doctor,” he responded.
His interest in the legal system began in 1962, when he joined the Army and attended the U.S. Naval School of Justice in Newport, R.I. becoming a certified court reporter and legal clerk. He did that work for three years until he left the Army in 1965.
His crusade against the legal system began on New year’s Day 1987 when his wife was involved in a life-threatening accident while the couple lived in Maumee. She was permanently scarred and disabled. She continues to have difficulty walking and standing. A medical expert determined in 1991 that her future medical bills would exceed $3.5, Palmer said.
Palmer sued or filed complaints against various lawyers, including one whom they alleged stole money from a joint-survivorship medical account. Two [Three as of 2002] of Palmer’s original attorneys eventually were suspended or disbarred.
He contends that about $900,000 of his wife’s million insurance settlement [for future medical bills under Michigan No-Fault law] was spent defending himself against suits filed by the accused lawyers. Two of the judges that Palmer recently filed criminal charges against were assigned to those cases – with one charge Palmer with contempt in December 1997 [unanimous reversal by Court of Appeals].
Those events, Palmer said, prompted him to review the state’s disciplinary system for judges and attorneys and the visiting retired judge system in Ohio. He formed the Committee to Expose Dishonest and Incompetent Attorneys and Judges and a Web site.
Eventually Palmer and his wife moved to a daughter’s condominium in Delaware County in November. Palmer said his family lives off of savings and an Army pension while he pursues his fight against the courts full time.
He set up makeshift law library in his basement, where he has 10 shelves of American Law Review books and Ohio jurisprudence and revised code.
“This where I do my legal stalking,” he joked during an interview last week.
A leading target is Chief Justice Thomas Moyer, who appoints the retired judges who travel around the state as visiting judges.
Correspondence shows Palmer complained back in 1997 to Chief Justice Thomas Moyer about some retired judges’ habits of double-billing counties for daily fees, meals and lodging. A year later, he complained to Auditor Jim Petro and Attorney General Betty Montgomery.
After losing a complaint about Chief Justice Thomas Moyer in 1998 with the Ohio Elections Commission, Palmer filed a disciplinary-counsel complaint against Moyer last month that has been forwarded to the chief justice of the Ohio Court of Appeals.
Chief Justice Thomas Moyer declined to comment.
“The Chief doesn’t really have anything to say regarding Palmer,” said Jay Wuebbold, spokesman for the Ohio Supreme Court.
In a June 4, 1998, letter to Palmer, Chief Justice Thomas Moyer wrote: “It is not uncommon for persons to be unhappy with the decisions rendered by a judge, juries and decisions of courts of appeals, but your anger is really out-of-bounds. … My hope for you is that you will someday trust the American justice system.” [Truth is I have more trust and confidence that the Detroit Lions or the Cleveland Browns will win the Super Bowl in 2010].
Since beginning his one-man crusade, Palmer has attracted interest from people nationwide. Several Ohioans whom Palmer has helped to navigate the courts call him a defender of the truth.
They include Ruth Ann Costakos of Upper Arlington and Margaret M. Stychno of Warren. Both have had run-ins with the same visiting judge [Judge Stephen Yarbrough] on domestic-relations matters.
Stychno has been unable to secure spousal and child support from a 14-year-old divorce. As of last Thursday, Ohio’s Support Enforcement Tracking System shoed that Stychno is now owed more than $238,662.
Her case is pending.
Costakos encountered similar roadblocks in the court system and state government.
“I went every official route before I went to David,” said Costakos, who said she first complained to Chief Justice Thomas Moyer, Petro and other judicial officials.
Probable cause hearings on the theft-in-office charges are set for Thursday and May 30. palmer alleges that nine visiting judges double and triple-billed 32 counties for more than $50,000 in meals, travel, lodging and daily stipends.
Anticipating the worst, Palmer thinks many of the charges against the judges will be dismissed on technicalities.
In a letter faxed to Palmer on Friday, Assistant Franklin County Prosecutor David M Buchman warned that the written complaints lacked key details – such as dates, names and the fact that the accused are public officials [Of course Mr. Buchman never took any remedial action to correct the alleged deficiencies]
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