Judge told to stop vaping on the bench

A longtime CLEVELAND — judge at the Cuyahoga County Common Pleas Court was asked earlier this year to stop using his electronic cigarette during court proceedings.

Administrative Judge John J. Russo said Thursday that he approached Judge Joseph D. Russo and asked him to stop vaping on the bench earlier this year after a juror complained.

John Russo said that his colleague stopped vaping after their conversation. He also said that he asked the court’s human resources department to add language to its policy manual to specifically bar the use of vaping devices and e-cigarettes in the courtroom.

Joe Russo declined to comment through a court spokesman.

E-cigarettes are battery-operated devices that typically heat a flavored nicotine oil into a vapor that the users inhale.

Joe Russo’s vaping was also called out in a January motion for a new trial filed by a man convicted of rape. Jaustin Browning wrote in the motion he filed himself that the judge was “constantly slurping and sucking on a battery powered smokeless watervapor cigar or cigarette (vape)” during his July 2018 bench trial.

Browning wrote that vapor was billowing out of Joe Russo’s mouth on the bench and that the device resembled “a teether or rattle which was a constant distraction.” The vape altered the judge’s brain chemistry so he could not give full-bridled attention and render a fair verdict.

Joe Russo denied Browning’s motion without a hearing.

Cleveland.com began asking the court about Joe Russo’s vaping Wednesday, and spoke to five attorneys who said they had witnessed Russo puff his e-cigarette during court proceedings in the past.