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OH: Judge disciplined as lawyer for being heavy-handed against defense counsel

By John Wesley Hall, Jr.

Back in 2007 or so, I testified that a public defender was duty-bound to say he could not proceed with a trial he was appointed on two hour earlier, and the lawyer could not be held in contempt. The contempt judgment was set aside on appeal. State v. Jones, 2008 Ohio 6994, 2008 Ohio App. LEXIS 5860 (11th Dist. December 31, 2008), discretionary appeal not allowed 121 Ohio St. 3d 1502, 2009 Ohio 2511, 907 N.E.2d 325 (June 3, 2009). The judge did not run for reelection, and he was disciplined and briefly suspended as a lawyer for his conduct in other cases for being heavy-handed against other defense lawyers, favoring the prosecution, and manipulating the record for appeal. Disciplinary Counsel v. Plough, 2010 Ohio 3298 (Ohio July 21, 2010). As to one count: {¶ 13} Respondent’s conduct in expressing his personal opinion on a factual issue to be resolved by the jury and in castigating defense counsel during closing argument caused defense counsel to forfeit closing argument, thereby prejudicing the defendant and adversely affecting public confidence in the judicial system...continue to full post

Full post as published by Law Of Criminal Defense on July 25, 2010 (boomark / email).