Supreme Court to decide if judge, commissioner have conflict of interest
By
Brandy Chandler-brandychandler@gmail.com
The Supreme Court of the State of Ohio is reviewing if there is a conflict of interest if Highland County Common Pleas Court Judge Rocky Coss presides over a local criminal case in which Highland County Commissioner Shane Wilkin was one of the victims.
According to an affidavit for disqualification filed with the Supreme Court June 29 by attorney Susan Zurface Daniels on behalf of her client Casey Patton, because the Highland County Board of Commissioners decide budgetary matters for the court, there could be an appearance of bias.
Patton was indicted in June on one charge of first-degree felony aggravated robbery after he allegedly held up Larry's Party Shop at knifepoint.
"The establishment that Mr. Patton is alleged to have robbed is owned by Mr. Shane Wilkin, who is one of Highland County's three commissioners," Zurface wrote. "The clerk alleged to have been on duty at the time of the robbery has been represented to the state as the sister of Mr. Shane Wilkin. Highland County has a population of about 43,500. There are three commissioners and one general division judge. Prior to taking the bench, Judge Coss had a prominent private practice, which was purchased by Peelle Law Office in Wilmington, Ohio. The attorney staffing the office and taking over many of Judge Coss' clients is Ms. Kristy Duckwall Wilkin, wife of Commissioner Wilkin and also an owner of the establishment in question."
Zurface wrote that "The commissioners' office is responsible for matters of budgeting and funding that involve the function of the Common Pleas Court. Judge Coss has routine contact with the commissioners relating to matters of budget and administration. Judge Coss is influential and respected in the community, and his opinion on matters of policy is often sought. Due to the size of the community and the normal and required interactions of the court with the commissioners' office, as well as the professional relationship with the owners of the establishment in question, Judge Coss' involvement in this case could create an appearance or perception of bias in the administration of justice. (Pursuant to case law) Coss should be
disqualified on the basis that the matter involves a county commissioner who 'wields considerable influence over the funding of local courts.'"
On June 30, Highland County Clerk of Courts Ike Hodson received a letter from master commissioner James Bumbico of the Supreme Court of Ohio stating that "This matter will be handled by the Ohio Supreme Court's Office of Legal Resources."
A pretrial hearing for Patton was scheduled for July 12. He is currently scheduled for a jury trial on July 28. According to court documents in the Highland County Clerk of Courts Office, the matter was "placed on inactive docket."
Patton's co-defendant Christopher Ward appeared for a pretrial July 12 and his attorney, Conrad Curren, waived his right to ask for a recusal. Ward is charged with one count of first-degree felony complicity to commit aggravated robbery.
Highland County Prosecutor Anneka Collins said that "inactive docket" means that all the hearings have been continued until the Supreme Court makes a ruling.
"The defense files a motion and the Supreme Court makes the decision," she said. "We're just waiting."
The Supreme Court of the State of Ohio is reviewing if there is a conflict of interest if Highland County Common Pleas Court Judge Rocky Coss presides over a local criminal case in which Highland County Commissioner Shane Wilkin was one of the victims.
According to an affidavit for disqualification filed with the Supreme Court June 29 by attorney Susan Zurface Daniels on behalf of her client Casey Patton, because the Highland County Board of Commissioners decide budgetary matters for the court, there could be an appearance of bias.
Patton was indicted in June on one charge of first-degree felony aggravated robbery after he allegedly held up Larry's Party Shop at knifepoint.
"The establishment that Mr. Patton is alleged to have robbed is owned by Mr. Shane Wilkin, who is one of Highland County's three commissioners," Zurface wrote. "The clerk alleged to have been on duty at the time of the robbery has been represented to the state as the sister of Mr. Shane Wilkin. Highland County has a population of about 43,500. There are three commissioners and one general division judge. Prior to taking the bench, Judge Coss had a prominent private practice, which was purchased by Peelle Law Office in Wilmington, Ohio. The attorney staffing the office and taking over many of Judge Coss' clients is Ms. Kristy Duckwall Wilkin, wife of Commissioner Wilkin and also an owner of the establishment in question."
Zurface wrote that "The commissioners' office is responsible for matters of budgeting and funding that involve the function of the Common Pleas Court. Judge Coss has routine contact with the commissioners relating to matters of budget and administration. Judge Coss is influential and respected in the community, and his opinion on matters of policy is often sought. Due to the size of the community and the normal and required interactions of the court with the commissioners' office, as well as the professional relationship with the owners of the establishment in question, Judge Coss' involvement in this case could create an appearance or perception of bias in the administration of justice. (Pursuant to case law) Coss should be
disqualified on the basis that the matter involves a county commissioner who 'wields considerable influence over the funding of local courts.'"
On June 30, Highland County Clerk of Courts Ike Hodson received a letter from master commissioner James Bumbico of the Supreme Court of Ohio stating that "This matter will be handled by the Ohio Supreme Court's Office of Legal Resources."
A pretrial hearing for Patton was scheduled for July 12. He is currently scheduled for a jury trial on July 28. According to court documents in the Highland County Clerk of Courts Office, the matter was "placed on inactive docket."
Patton's co-defendant Christopher Ward appeared for a pretrial July 12 and his attorney, J.D. Wagoner, waived his right to ask for a recusal. Ward is charged with one count of first-degree felony complicity to commit aggravated robbery.
Highland County Prosecutor Anneka Collins said that "inactive docket" means that all the hearings have been continued until the Supreme Court makes a ruling.
"The defense files a motion and the Supreme Court makes the decision," she said. "We're just waiting."
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