The Columbus Dispatch

Judge sanctioned for FB messages

- Jon Stinchcomb Twitter: @JONDBN

PORT CLINTON – An Ohio Supreme Court panel sanctioned Judge Bruce Winters of Ottawa County Common Pleas Court for failing to disclose private messages on social media exchanged with Keith Blumensaad­t, who at the time had pending criminal and civil cases in the court.

In an announceme­nt issued Tuesday, the state high court ordered a sixmonth suspension against Winters be stayed on the condition that he complete at least three hours of judicial ethics education, engage in no further misconduct and pay the court costs of the disciplina­ry proceeding­s.

The order specifies that the education be on the subject of “ex parte” communicat­ions, or appropriat­e use of social media by judicial officers, and that, if Winters fails to comply with any condition of the stay, he will have to serve the entire six-month suspension.

According to the complaint initially filed in September by disciplina­ry counsel before the Board of Profession­al Conduct of the Ohio Supreme Court, Winters reportedly exchanged several messages with Blumensaad­t through Facebook Messenger that referenced four then-ongoing cases that Winters was presiding over at the time.

According to the Office of Disciplina­ry Counsel, Winters and Blumensaad­t exchanged messages concerning:

h Criminal charges against a man whom Blumensaad­t claimed had sold his daughter heroin;

h Alcohol-related criminal charges of a man whose vehicle struck and injured Blumensaad­t, and the subsequent personal-injury case Blumensaad­t intended to file;

h Modification of a civil stalking protection order secured by Blumensaad­t’s family so that Blumensaad­t could attend his mother’s funeral and other functions;

h Modification of a divorce decree that granted Blumensaad­t custody of his son.

The board’s summary stated that before Winters began his law career, he was a probation officer for the Ottawa County Juvenile Court and served as Blumensaad­t’s probation officer in the early 1980s.

Winters testified he had minimal contact with Blumensaad­t for nearly 30 years until he presided over Blumensaad­t’s criminal case stemming from a standoff with police in June 2017.

In 2019, Blumensaad­t pleaded guilty to attempted possession of a weapon under disability and attempted possession of a dangerous ordnance.

As a result of the Facebook messages with Blumensaad­t, which occurred between August and December of 2019, the complaint cited alleged misconduct by Winters for receiving ex parte communicat­ion.

Based on the Ohio Code of Judicial Conduct, ex parte communicat­ion refers to communicat­ion concerning a pending matter between one party and the court when opposing counsel or another party is not present. It can also refer to any other communicat­ion made to a judge outside the presence of the concerning parties or their attorneys.

Rules establishe­d in the Ohio Code of

Judicial Conduct prohibit a judge from initiating, receiving, permitting or considerin­g ex parte communicat­ions, except in certain circumstan­ces.

Those exemptions include for scheduling, consulting with court staff, when administer­ing a specialize­d docket, or with the consent of the concerning parties.

If a judge receives an unauthoriz­ed ex parte communicat­ion related to the substance of a case matter, the judge is required to promptly notify the concerning parties and provide them with an opportunit­y to respond.

In each of the four counts outlined in the complaint, the disciplina­ry counsel found that Winters violated that rule, to which the Ohio Supreme Court panel all unanimousl­y agreed.

The panel also noted that they recognized “Winters accepted responsibi­lity for his misconduct, cooperated fully with the subsequent investigat­ion into the matter,” and that he “had taken steps to remediate his conduct by terminatin­g his social media accounts,” which were among the reasons the suspension was conditiona­lly stayed.

Winters could not be reached for comment Wednesday. jstinchcom@gannett.com 419-680-4897

 ?? FILE ?? Ottawa County Common Pleas Court Judge Bruce Winters speaks during the annual Overdose Awareness Day in 2018.
FILE Ottawa County Common Pleas Court Judge Bruce Winters speaks during the annual Overdose Awareness Day in 2018.

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