Office of Disciplinary Counsel v. Kubilus

Summary

The Supreme Court of Ohio publicly reprimanded Canton Municipal Court Judge Richard Joseph Kubilus for allowing his administrative assistant to perform or approve judicial functions, including preparing detention entries, signing a motor-vehicle form in the judge’s name, and denying a jail-sentence reduction request. The court adopted findings that this conduct violated Canons 1, 2, 3(B)(1), and 4(A) of the Code of Judicial Conduct and taxed costs to the respondent.

Holdings

1. The court adopted the board's conclusion that the respondent violated Canon 1 by failing to uphold the integrity and independence of the judiciary, Canon 2 by failing to respect and comply with the law and promote public confidence in judicial integrity and impartiality, Canon 3(B)(1) by failing to hear and decide assigned matters, and Canon 4(A) by permitting others to convey the impression that they were in a special position to influence the judge.
2. A public reprimand was warranted for the respondent's misconduct, and the costs of the disciplinary proceeding were properly taxed to him.

Questions Presented

1. Whether the respondent's conduct violated Canons 1, 2, 3(B)(1), and 4(A) of the Code of Judicial Conduct.
2. Whether a public reprimand was an appropriate sanction for the misconduct.

Disposition

other