The Volokh Conspiracy
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Will an Ohio Judge Lose His Law License?
The Office of Disciplinary Counsel comes for the "censorious" Judge Tim Grendell
Longtime VC readers may recall the "censorious thuggery" of Geauga County, Ohio Judge Timothy Grendell. His conduct from the bench has long been controversial, but he nonetheless ran for re-election unopposed in 2020.
When I last blogged about Judge Grendell, it was after reports he threatened to hold a mother in contempt of court for having her child tested for COVID-19 even though the test was ordered by a doctor prior to a hospital admission. In another case, Judge Grendell sent two teenage boys to juvenile detention for the weekend because they refused a court-ordered visit from their estranged father.
Judge Grendell's conduct has attracted notice in Ohio, and he is now subject to disciplinary proceedings. Attorneys with the Ohio Supreme Court's Office of Disciplinary Counsel are seeking to have Judge Grendell's law license suspended. According to the attorneys, Judge Grendell is a "quintessential bully" who has repeatedly "abused his power and abandoned his role as a neutral advocate." From their most recent filling:
Our court has disciplined rogue judges in the past. But this state has never seen a judge inflict pain and suffering on two innocent, young, and vulnerable children, while claiming to have acted in their best interests. Respondent acted in his and Glasier's interests and no one else's. Despite respondent's attempt to complicate this disciplinary matter by insinuating that only he could possibly understand the complexity and application of the juvenile rules, this is a simple case. Respondent is a bully who abused his power, abandoned his role as a neutral advocate, and worked to advance Glasier's and his own interests to the detriment of Hartman and her family.
The above concerns the case in which Judge Grendell had two boys detained for refusing to visit with their estranged father. The complaint also raises concerns about Judge Grendell's handling of other matters and political conduct inappropriate for a sitting judge. All filings are available here.
The initial complaint was filed in November 2022, and there was a hearing before the Ohio Board of Professional Conduct earlier this year. If the Board recommends sanction, it will be reviewed by the Ohio Supreme Court.
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but he nonetheless ran for re-election unopposed in 2020.
Yeah, it's really hard to recruit viable candidates for these low-level local offices. A lot of people have a very small amount of power because nobody else cares enough. If you're reading this, then you could probably have a low level local office or appointment if you feel like it, but then if you're reading this it's probably not worth your while.
Local judgeships — even if they're technically elected offices — are typically patronage positions. (Grendell is a former state legislator, as is his wife.)
He was initially appointed by a Democrat.
He was not. There is literally nothing Mr. I Don't Make Things Up can ever get right. He was appointed by Governor Kasich, who — despite rejecting MAGA — is not a Democrat.
Might just as well be...
Remember folks, he doesn’t make things up!
A true Democrat.
It's not that TextFirst as much as the politics and retaliation against anyone who does. This is small town politics which is always ugly.
That said, I blame the RINOs. If they hadn't spent the past 15 years trying to oust the Tea Party, the Tea Party wouldn't have defended this guy and he'd not been re-elected.
"Look what you made me do" may be a good song, but it's a shit argument.
Jailing those two kids sounds like exactly what tar and feathers are good for. In any system which cared more for justice than rituals, he'd be charged with kidnapping, with the potential punishment much harsher than tar and feathers.
I knew Tim when he was just a lawyer. He has perhaps the least judicial temperament of any lawyer I have ever dealt with.
Having said that, this is a weak complaint. Did he have the legal authority and discretion to find those kids in contempt and send them to jail for a weekend? The table pounding by the Disciplinary Counsel says they must think so. Getting rid of a judge because you disagree with their decision might have merit but seems like its not going to be evenly applied.
He's over 70 and cannot run again. Give him a public reprimand and call it a day.
You are a thug. A disgusting thug. If teens don't want to see their dad, they don't want to see their dad, and a judge has no right to send them to fucking jail because he got all butthurt that the kids didn't want. Judges get power like this because they are entrusted to do the right thing. Under no set of circumstances is this ok, and the Sheriff's office should have just released them. I hope you get tossed in the pokey on the say-so of some judge--see how you like it.
Also, I believe this is the same thug who ordered some woman to appear before him because she criticized him in an email. Justice would have been to have him spend the rest of his life in jail for that. (Obviously, not realistic, but that's how evil his actions were.)
"If teens don’t want to see their dad" because their mother convinced them they didn't. This is common in broken homes and why visiting with their father is MANDATORY although it should have been their mother he threw in jail.
It's the same thing as not paying child support -- you may have a legitimate reason for not paying it, but there is a process to follow.
In this case, the mother had two routes to go -- either petition the court to modify the custody order, or (if she had cause) gone to child protective and had them intervene. Likewise if the boys had cause, they could have done likewise.
All school employees in Ohio are mandated reporters -- https://www.lsc.ohio.gov/assets/organizations/legislative-service-commission/files/child-abuse-or-neglect-reporting.pdf
If either of the boys had gone to a teacher, coach, school bus driver -- and expressed a reason not to visit their father, child protective would have been contacted. And if that was a legitimate reason then THEY would have stopped visitation. And they answer to the Governor, with the AG being their lawyer...
As always, you can count on Dr. Ed to find a take so dumb that no one else could have even imagined it, much less articulated it.
I'm not exactly an admired of Judge Grendell's (having followed these stories albeit not closely), but that seems a little excessive to me....
Yeah, it's a bit unclear what they're trying to accomplish. I looked around a bit but couldn't find anything conclusive: would a license suspension actually bar him from sitting for the suspension period, or just keep him from running again (even if he could)?
Does one need an Ohio Law License to be a judge?
If not, then so what if he loses his?
The solution is this: "Ohio law exclusively vests the chief justice of the Supreme Court with the authority to assign visiting judges." https://www.supremecourt.ohio.gov/JCS/courtSvcs/resources/ProbateCourtClerkGuide.pdf
So the Chief Judge assigns a babysitter...
"would a license suspension actually bar him from sitting for the suspension period"
Yes it will. You have to be a licensed lawyer to serve as judge.
Maybe Bob is right. An extrajudicial solution might be better.
A debilitating stroke, for example.
"id he have the legal authority and discretion to find those kids in contempt and send them to jail for a weekend?"
He did not. His contempt order was oral and had no legal authority and the later charges he determined were unequivocally unsupported in law. Even the police found, internally, that they had detained the kids without any legal authority. He locked the prosecutor out of the courtroom and tried to prevent the kids from having lawyers to steer them into a "voluntary" diversion program. He then tried to personally appoint their lawyers, illegally. When the prosecutor finally forced him to dismiss charges, he locked them out again and again tried to sign the kids up for diversion.
It's an incredibly strong and horrifying complaint. You're just too much of an imbecile to read it and too trashy to keep your vile mouth shut.
For those following at home, he tried to support the criminal charge (Unruly behavior) by saying that because he ordered the mother to order them to visit the father, and they refused, they were disobeying her reasonable request due to habitual disobedience. (He had previously found, in the custody matter, that they were obedient and well-behaved.)
“ But this state has never seen a judge inflict pain and suffering on two innocent, young, and vulnerable children, while claiming to have acted in their best interests”
I’m from the government, and I’m here to help.
"but he nonetheless ran for re-election unopposed in 2020."
This is incorrect. He had a challenger in the 2020 Republican primary (this is essentially the only race that matters in Geuaga) Grendell's court administrator filed a frivolous judicial campaign complaint against his challenger so that Grendell could then accuse him of ethical impropriety. The Board dismissed the complaint and sanctioned the administrator because it was filed for the sole purpose of obtaining an advantage in the campaign.
https://www.supremecourt.ohio.gov/bpccm/Case?caseId=43a99f58-ca23-4310-a1eb-131d6d6f4091
Wasn't there also some separate spat he had with a county financial auditor where he pulled all sorts of shenanigans to prevent the auditor from doing his job?
Yeah, so if I understand correctly, the county auditor was concerned that Grendell was using "public outreach" funds for the court to do what were essentially campaign activity and was demanding receipts and evidence before reimbursing the expenditures. Grendell's wife was a state rep and co-sponsored an amendment that said courts don't have to give receipts to auditors before getting reimbursements. The Supreme Court ended a fight between Grendell and the auditor in Grendell's favor based on this amendment.
A year or two later Grendell's wife challenged the auditor in the republican primary and lost.
Sounds right; thx.
Nothing like speedy justice!
This judge has the same name as Beowulf's antagonist. That should have set off alarm bells. We have no more hero Beowulfs to slay the monster. A disciplinary board will have to suffice.