Sentence upheld against Franklin County judge
Jail term, payment to food bank part of punishment.
His own court COLUMBUS — has ruled against Franklin County Appeals Court Judge Tim Horton’s bid to overturn his sentence for illegally spending campaign funds.
The appellate court ruled against Horton on Thursday in a decision by three retired judges who were appointed since all of Horton’s fellow judges recused themselves from hearing his case.
Horton pleaded guilty to three misdemeanor counts of filing inaccurate campaign-finance reports for expenditures totaling more than $2,000 that he admitted were excessive.
Visiting Common Pleas Court Judge Patricia Cosgrove sentenced Horton in March to 10 days in jail, ordered him to pay $2,065 in “restitution” to the Mid-Ohio Foodbank, perform 100 hours of community service and attend Alcoholics Anonymous meetings since Horton blamed his behavior, in part, on a drinking problem.
While he agreed not to appeal his sentence as part of a plea agreement, Horton later filed an appeal complaining his sentence was “highly unusual” and disproportionate to sentences handed similar offenders. His lawyers also contended it was illegal to order a payment to the Mid-Ohio Foodbank since it was not a victim in the case.
“As we outlined in our brief, the evidence and the law did not support the unnecessarily punitive sentence Judge Horton received from the trial court,” said Horton’s attorney, David H. Thomas. “All along, he has simply asked that he be treated fairly and in a manner consistent with that of other elected officials. Today, Judge Horton is focused on serving the people of Franklin County as he completes his third term on the bench.”
In Thursday’s ruling, the retired judges said Horton’s appeal was barred because he agreed not to pursue an appeal. They also found that his sentence was not an abuse of the judge’s discretion.
The ordered payment to the Mid-Ohio Foodbank was legally out of line, but since it would not have affected Horton’s decision to plead guilty, did not affect the outcome of his case, the judges ruled.
Horton’s offenses stem from campaign spending during his unopposed run for appeals court in 2014. He had served as a Franklin County Common Pleas judge for the previous eight years. He served his time in jail prior to appealing his sentence.
The judge admitted the improper spending of campaign funds consisting of $1,040 at an upscale restaurant to celebrate the withdrawal of his opponent for the court; $979 at a campaign fundraiser that attracted only one person beyond Horton and his staff; and $173 on cigars for supporters, even after he was unopposed for election.
Horton remains on the appeals court bench unless the Ohio Supreme Court takes disciplinary action that removes him. Under court rules, disciplinary charges cannot be pursued against lawyers and judges convicted of crimes until their appeals are exhausted.