Recordpub.com - Plough has public defender arrested Attorney told judge he was not ready to try case he had for less than a day

By Dave O'Brien

Record-Courier staff writer

Portage County Municipal Court Judge John Plough ordered a Portage County public defender placed under arrest for contempt of court Thursday.

The order was given after the attorney said he was unprepared and unable to begin a scheduled trial, having only been appointed to represent a defendant the day before the trial was scheduled to begin.

Brian Jones, an employee of Portage County Public Defender Dennis Lager since May, was held in contempt of court during an afternoon trial at Portage County Municipal Court in Kent after he told Plough he was unable to go forward with the trial.

Plough ordered a Portage County Sheriff's deputy to remove Jones from his courtroom in front of his client, spectators and courthouse employees. Jones is representing Jordan S. Scott, 20, who was arrested bby Kent police June 17 and charged with one count of misdemeanor assault. He was arraigned June 18 and is incarcerated in the Portage County Jail on an unrelated felony charge.

Scott had a pre-trial hearing July 25, but according to Plough failed for almost two months to obtain counsel. He was appointed a public defender on Wednesday. With the trial set to begin at 11 a.m. Thursday, Plough moved the trial back to 1:30 p.m., giving Jones two-and-a-half-hours to prepare his case.

Plough also noted from the bench the presence of a Record-Courier reporter and, from the bench, said he believed someone in the public defender's office was to blame for notifying the newspaper of the upcoming trial.

A source, who requested anonymity, called the Record-Courier and informed a reporter of Plough's intent to hold Jones in contempt. The source also said the Portage County Public Defender's Office has a written policy not to take cases to trial with a single day's notice.

When Jones brought up the existence of that policy in court Thursday, Plough told Jones it wasn't the time for "speeches" and asked if Jones wanted to make an opening statement. As Jones continued to explain the situation, saying he had a "pre-trial matter" to bring up, Plough interrupted him.

"What pre-trial matter? Trial is starting right now," Plough said, refusing to hear Jones' arguments about the matter and again asking him if he was prepared to move forward.

Jones said Lager sent a letter to Plough in August 2006 stating his concerns about Plough's treatment of defendants represented by public defenders, a letter Plough denied receiving. Plough also refused to take a new copy of the letter from Jones.

After Jones was led out of the courtroom, Plough re-set Scott's trial for Aug. 24. He also admonished Scott for not securing legal counsel while incarcerated, something jail inmates are given the opportunity to do after their arraignments.

"You had an opportunity since June 18 to get a public defender," Plough told Scott, who sat quietly throughout the incident. "Mr. Scott, you had two months to prepare for trial. It's not the court's fault you didn't do that."

In court, Plough said he believed politics was to blame for the Record-Courier being contacted about the case. Plough is a controversial former Portage County Prosecutor and Ravenna attorney who won an upset victory for judge over several opponents in November 2005, even after he was rated "not recommended" for the bench by the Portage County Bar Association.

It is not the first time a public defender has drawn Plough's ire in the courtroom. Public defender Robin Bostick also was threatened with contempt charges when appearing before Plough on a previous case with little time to prepare.

That incident and others prompted Portage County Common Pleas Judge Laurie Pittman to file a complaint with the Office of Disciplinary Counsel of the Ohio Supreme Court in May, alleging Plough had intimidated defendants, abused their rights to a speedy trial, issued inappropriate sentences and keeping incomplete or inaccurate records of trials.

Such complaints normally are confidential, but the (Cleveland) Plain Dealer reported the complaint in a story shortly after it was filed.

Plough was unapologetic for his actions Thursday.

"The public defender's office is not going to impede justice in Portage County," he said.