Judges recuse selves if Horton appeals

All of Judge Tim Horton’s colleagues on the Franklin County Court of Appeals have recused themselves from hearing an appeal of Horton’s recent sentence for campaign-spending violations.

If Horton goes forward with an appeal, it will be heard by three retired appeals-court judges — James Brogan, Peter Handwork and Patrick McGrath — who were appointed to the case last week by Ohio Supreme Court Chief Justice Maureen O’Connor.

County courts reporter John Futty reports that Horton had waived his right to an appeal when he pleaded guilty on March 16 in Franklin County Common Pleas Court to three misdemeanor counts of failing to file accurate campaign statements. But such a waiver does not apply to anything improper that occurs as part of the sentencing.

Horton filed a notice of appeal on April 14, just in time to meet a 30-day filing deadline. The notice gives no indication of the basis for an appeal. Horton’s attorney, David Thomas, declined to comment on the filing.

Horton was sentenced by visiting Common Pleas Judge Patricia Cosgrove to 10 days in jail, placed on probation for one year and ordered to pay a $1,000 fine and $2,065 to Mid-Ohio Food Bank. He served his jail time from March 24 to April 2.

Horton’s seven fellow judges on the 10th District Court of Appeals gave notice of recusal to the Supreme Court on April 20, presumably to avoid a conflict of interest. Two of the judges — fellow Democrats Jennifer Brunner and David Tyack — spoke in support of Horton at his sentencing hearing.

Doggy duty

Security around the federal courthouse on Marconi Boulevard is extremely tight, said court reporter Earl Rinehart.

There are metal detectors at the one public entrance. Cameras are everywhere. Huge concrete barriers line the curb, where parking is restricted to law-enforcement vehicles.

Security officers and deputy U.S. marshals patrol the building and grounds all day, every day, sometimes with four-footed colleagues.

One dog recently was seen sniffing the grounds.

Looking for contraband? Checking for explosives?

“Waiting for him to pee,” his handler said.