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 COLUMBUS--- The gravy train for retired visiting judge Richard Markus and other private judges may be about over if Cuyahoga County Common Pleas judge Nancy Russo has her way.
Saying that it's an unauthorized use of judicial power, Russo's asked the Ohio Supreme Court for a writ of prohibition to stop private judges like Markus from raking in taxpayer money but without having to be accountable as an elected public official. Judge Russo has asked the Supreme Court to stop private judges from using public funds, employees or courtrooms.
According to Ohio law, private judges are statutorily limited to hearing non-jury trials outside of county courthouses. Retired judges like Markus who is president of Private Judicial Services Inc., register with clerks of the court to become private judges and then get referrals for civil cases.
In Markus' case, he's been using taxpayer resources including conducting trials in county courtrooms.
"From the years 1989 until 1998 Judge Markus also practiced law as partner of Porter & Wright while exploiting public resources for personal gain yet he has never disclosed any conflicts of interest to any of the parties in cases in which he appeared as a retired visiting judge starting in 1998, Dr. Elsebeth Baumgartner says, former Oak Harbor attorney and a chief critic of Markus. "While Judge Markus' resume claims he retired as a judge from the Eighth Appellate District court in 1988 after which he practiced law and judging for profit, he claims to have retired as a Cuyahoga County Common Pleas Court judge in 1998 so that he could be a visiting judge".
Markus has been working as a private judge----a rent-a-judge---statewide. While personal injury lawyers and medical malpractice defense attorneys are supportive of private judges, many of the 34 Commons Pleas judges are not.
Markus, 74, has been lobbying his cause, circulating a letter, quoting Ohio law which says "the retired judge shall have all of the powers, duties and authority of an active judge of the court in which the action or proceeding is pending.
The Ohio Constitution mandates that a judge retire at age 70.
Baumgartner says she obtained from the Supreme Court of Ohio the record of judicial assignments for Judge Markus dating back to 1998. "Those documents reveal a disturbing pattern of being hand-picked by sitting judges who recused themselves due to some unstated conflicts on cases involving members of organized crime, corrupt public officials and or critics of the judicial system", Dr. Baumgartner says. "Invariably Judge Markus is very soft on organized crime figures and corrupt public officials but throws the book at critics questioning judicial practices", she charges. "What is particularly disturbing to me is how obviously the visiting judge system is being used to promote judge shopping by those with the connections to do so. There is simply no attempt whatsoever to ensure that a neutral and detached jurist is assigned the case, rather judges with an express interest in the case are chosen".
"Moreover, Judge Markus, despite being the recipient of public money as a visiting judge and having his private company's overhead paid for by taxpayers while claiming for profit status and taking advantage of tax deductions (his office is run from his home and his car bears the name of Private Judicial Services, Inc) absolutely refuses to comply with ethics disclosures concerning clients of his private judicial services company", Dr. Baumgartner continues. "Thus there is no way for a party to a case to which he is assigned as a visiting judge to learn whether Judge Markus has had prior dealings with parties or lawyers to the case wherein he was paid for services". 11-18-05
© 2005 North
Country Gazette
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