The Columbus Dispatch

Judges divided on whether to carry gun

- By Dean Narciso

Violence against judges is rare in Ohio, even in courtrooms where people might hurl insults or threats.

The ambush shooting of Jefferson County Common Pleas Judge Joseph Bruzzese Jr. outside his Steubenvil­le courthouse this past week shocked fellow judges and has brought about discussion­s about whether they should arm themselves.

Officials say that Nathaniel “Nate” Richmond shot Bruzzese just after 8 a.m. Monday. The judge and a probation officer, each of whom had a handgun, fired back, killing Richmond.

Richmond’s son, Ma’Lik, was a standout high school football player at Steubenvil­le High School when he and a teammate were convicted four years ago in Juvenile Court of raping an unconsciou­s teen girl at a party. Ma’Lik Richmond served 10 months for the charge and is now a student at Youngstown State University.

But Bruzzese was not the judge in that case, which received nationwide attention. He, however, was

overseeing a wrongful-death lawsuit that Nate Richmond had filed in April involving the death of his mother and 2-year-old great-nephew.

Judges across the state are relieved that Bruzzese will survive. Many say they feel safe, with or without firearms.

“I do not carry a gun, nor do I intend to start carrying a gun,” Marion County Common Pleas Judge James Slagle said in an email. “Carrying a gun can create additional risks to public safety which must be carefully considered. There is the potential of an accident, improper use, or the gun getting into the hands of a wrongdoer.”

In Franklin County, Common Pleas Judge Charles Schneider said he’d be surprised if any of the county’s 17 Common Pleas judges carries a gun.

“I would think, if any were carrying, that it would come up in conversati­on,” Schneider said.

In Franklin County, judges park in a secure garage with a private entrance into the courthouse. Cuyahoga

County judges have similar protection.

But in smaller and more rural counties, parking outside a courthouse, or leaving the office for lunch, can pose risks.

“I suspect that all of us who work here try to remain aware of our surroundin­gs both near the courthouse and in the community,” said Delaware County Common Pleas Judge David Gormley.

Some, such as Bruzzese, carry guns to play it safe against defendants who might carry grudges.

“I’ve encouraged every judge to carry a firearm,” said Jefferson County Sheriff Fred Abdalla, whose office is investigat­ing the Bruzzese shooting. “I know our judges are going to be carrying.”

The county’s six judges and two magistrate­s have told Abdalla that they either carry a handgun or soon will.

“We’re dealing with a different society than we were dealing with 20 years ago,” said Abdalla, who has been the Jefferson County sheriff for 33 years.

Monday’s shooting, he said, “could happen anywhere in the state.”

Four years ago, Ohio’s 4th District Court of Appeals

authorized its four judges to carry guns — even if they don’t have a concealed-carry permit — both inside and outside the 14 county courthouse­s where they work in southeaste­rn Ohio. Newer state laws have loosened other restrictio­ns on being armed.

Several of the courthouse­s have limited or no security screening, Appeals Court Judge Bill Harsha said.

“It doesn’t take much gas to throw on the fire to get people to act more irrational than they already are,” said Harsha. “I’m going to be carrying for a while, based on what happened Monday and the propensity for copycat crimes. It’s our job that puts us in jeopardy. We’re kind of targets at this point.”

Before Judge Marianne Hemmeter was appointed to Delaware County Municipal Court, she was a special prosecutor in the Steubenvil­le rape trial. Her initial reaction to Monday’s shooting was “worry about your fellow judge, regardless of my connection to the rape trial. But as a judge, it shocks you and makes you see your safety in a different light.”

It helps that Municipal Court and the Delaware Police Department share a building.

“I’m surrounded by cops, and my courtroom is on top of the police station,” she said.

Hemmeter wouldn’t say whether she carries a gun or plans to do so.

Paul E. Pfeifer, who is executive director of the Ohio Judicial Conference and retired as an Ohio Supreme Court justice at the end of 2016 after a long tenure, said he grew up in a generation where, “if you weren’t a hunter, you really shouldn’t have a gun.”

These days, he said, it’s “a matter of personal preference” for each judge.

The mere belief that judges might be armed, even if they’re not, might be a deterrent to an attack, he said.

“That a judge fought back, aggressive­ly, I don’t think it’s a bad thing.”

Slagle, a Marion County judge for five years and previously the county prosecutor for 24 years, said the odds are in his favor.

“Statistica­lly, I am much more at risk of physical harm by driving to and from work than due to possible retaliatio­n by someone I have angered due to a decision I issued.”

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