Supreme Court rules Judge Coss may hear Patton case
Lead Summary
By
-
The Supreme Court of the State of Ohio has ruled that there is no conflict of interest for Highland County Common Pleas Court Judge Rocky Coss to preside over a local criminal case in which Highland County Commissioner Shane Wilkin was one of the victims.
According to a judgment entry from the Supreme Court filed July 18 with the Highland County Common Pleas Court, "A judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions," the Supreme Court said.
"Those presumptions have not been overcome in this case. Accordingly, the affidavit of disqualification is denied. The case may proceed before Judge Coss."
An affidavit for disqualification had been filed with the Supreme Court on June 29 by attorney Susan Zurface Daniels on behalf of her client Casey Patton.
Patton was indicted in June on one charge of first-degree felony aggravated robbery after he allegedly held up Larry's Party Shop, which is owned by Wilkin.
"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.'"
The Supreme Court disagreed with Daniels, saying "no basis has been demonstrated for ordering the disqualification of Judge Coss."
"Wilkin is not a party to the underlying criminal case," the Supreme Court said.
"Wilkin was a victim of the robbery as the owner of the store but, like the victims in 'Lucci,' Wilkin was not physically harmed. In fact, Wilkin was not even present during the robbery. And though Wilkin is apparently on the state's witness list, it is not clear if he will be called to testify. Even if Wilkin was called to testify, that alone would not compel Judge Coss's disqualification."[[In-content Ad]]
According to a judgment entry from the Supreme Court filed July 18 with the Highland County Common Pleas Court, "A judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions," the Supreme Court said.
"Those presumptions have not been overcome in this case. Accordingly, the affidavit of disqualification is denied. The case may proceed before Judge Coss."
An affidavit for disqualification had been filed with the Supreme Court on June 29 by attorney Susan Zurface Daniels on behalf of her client Casey Patton.
Patton was indicted in June on one charge of first-degree felony aggravated robbery after he allegedly held up Larry's Party Shop, which is owned by Wilkin.
"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.'"
The Supreme Court disagreed with Daniels, saying "no basis has been demonstrated for ordering the disqualification of Judge Coss."
"Wilkin is not a party to the underlying criminal case," the Supreme Court said.
"Wilkin was a victim of the robbery as the owner of the store but, like the victims in 'Lucci,' Wilkin was not physically harmed. In fact, Wilkin was not even present during the robbery. And though Wilkin is apparently on the state's witness list, it is not clear if he will be called to testify. Even if Wilkin was called to testify, that alone would not compel Judge Coss's disqualification."[[In-content Ad]]