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 COLUMBUS, OHIO---An Ohio Supreme Court Justice arrested 11 months ago for drunken driving after she blew a 0.216 on a breathalyzer test, nearly three times the 0.08 limit, received only a public reprimand from a special panel of judges who ruled that her DWI conviction constituted judicial misconduct.
No other discipline was handed down to Alice Robie Resnick, 66, the only Democrat remaining in statewide office in Ohio. Other judges have had their law licenses suspended with such a conviction.
When Resick was first stopped by police on the afternoon of Jan. 31 after other motorists complained that she was weaving in and out of traffic, she drove away from the state troopers as they were questioning her. They pursued her and stopped her again, the stop captured on video camera. Upon questioning by a police sergeant, Resnick is shown on camera admitting that "I did have something to drink". She tried to use the prestige of her position, repeatedly asking not to be ticketed and mentions her rulings as a judge, saying "My God, you know I decide all these cases in your favor. And my golly, look what you're doing to me".
Resnick was reportedly driving to Columbus where she was scheduled to hear cases the next day. Although she tested 0.216 in field sobriety tests, she refused to take the official test at the police station. Under a new state law, drivers whose blood alcohol content registers over 0.17 who refuse to take the test face mandatory jail time.
The special panel rendering the discipline against Resnick was comprised of the chief justice of the appeals courts and the presiding judge of all 12 appellate districts. Normally the Ohio Supreme Court handles attorney discipline cases but the entire court was forced to disqualify itself from hearing a case involving a member of the court.
The judges found that Resnick's conduct on Jan. 31 "which led to her arrest and subsequent conviction of the offense of driving a motor vehicle while under the influence of alcohol, violated Canon 2 of the Judicial Code of Conduct which provides that 'A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. They said that "the day that the complaint was filed, Justice Resnick filed her answer admitting each and every allegation of the complaint, including the Canon 2 violation".
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-6800.pdf
Resnick pleaded guilty to driving under the influence in February and completed a three-day alcohol intervention program in lieu of jail time. She paid a $500 fine and had her driver's license suspended for six months.
12-28-05
© 2005 North
Country Gazette
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