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

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David O'Brien
August 17, 2007

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.




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24.
    Posted by Rageman August 20, 2007
I couldn't agree with you more! Joe Hattrick for President!!!!!

23.
    Posted by sowhat August 18, 2007
ix Communications does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, Dix Communications reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. Dix Communications shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion. RC has deleted several comments that have been posted by me, question is WHY? Censoring once again those that oppose the spin that RC dishes out. Is it the questioning, why those that they want the public to voice there hatred toward are on the front page. Others that are protected are either not printed or on the 3rd page hidden. Every registered voter get out and vote, make a change. Lets help each other in a positive way, one good deed deserve another.

22.
    Posted by wmd August 18, 2007
All the comments here are interesting and represent the writer views.

But did you ever notice that when it comes to any individual outside the GOB (good ole boy) network, the attack dogs are out there in full force. Let's not forget the majority of voters who voted elected Judge Plough in the last election. This is not to see whether he is right or wrong but there are (2) sides to every story. Of course, this is if both sides express their views.

But when there are stories about jobs, taxes, medicial care or the war, the attack dogs stay home. They only care about attacking individuals who they might not know or even voted for. Attacking Judge Plough will not gain any one individual in this county one thing. When election time comes, let the attack dogs of the GOB go the polls and vote.

Let's voice comments more on helping others and especially the needy, the homeless and the elderly. Things will be much better if we put our strengths in those areas than being an attack dog.

21.
    Posted by s.swenson August 18, 2007
Wow~
It's wild to see everyone just "jump" onto the negative bandwagon. It's so easy to say, I told you so after the fact. I'm sure if the RC went and sent a reporter to each and every courtroom on a daily basis an error could be found. Mistakes and wrongs can be found all the time if you look hard enough. As MGJS says maybe if the energy was put into lifting this community up change would begin. Maybe our Ahh-Haa moments should be about finding the good. Portage County, complaining about it's judges, a vacant downtown, an upswing in forclosures, and drug use the list goes on and on and nobody has time to put the effort into finding the good, only jumpin on the bandwagon and going on attack. Those who live in glass houses, should take their stones and go home...........

20.
    Posted by mg47s1 August 17, 2007
I will keep saying it as long as "they" keep displaying it !

remember those "conditions" I've been harping on?
Well gang these are NOT the ones that will build a strong, cohesive community. These are the conditions that continue to spawn the negative conditions of a community in crisis, decay and decline. spawned of hatred, resentment, divisiveness and destructive to say the least.

where does it come from this "stinking thinking" ?

Everyone has their point of view regarding causes or origins- fact is IT DOESNT MATTER.(they are all merely excuses) These leaders and their respective supporters think they are right and they well may be. Judge Pittman was well within her rights to file a complaint against Judge Plough(and felt she was right). Judge Plough was well within his rights to have the public defender arrested (and felt he was right). AND ON IT GOES... Well one doesnt have to be Ghandi to realize that people can be within their rights and even think and feel they are right --and still DO THE WRONG THING!
I suggest that these behaviors are all wrong - wrong for the community period. Wrong for the example they set. Wrong for the message they send to one another and to people everywhere that read or hear about it . Its so very far from the high road that we have to travell if we are ever going to get this community to a place of dignity and pride where there is a spirit of decency that attracts and nurtures life and growth.
Posters on this site like David Piccone, NoKoolAde,Ohio Gal, and countless others have been pointing out the negative"conditions" here that keeps the community a disgrace and its members disenfranchised and storefronts empty. They have been asking almost pleading to the leaders of the community to lead. Not further into the pit but out and up into the sunlight.
Well gang it looks like we'll just have to wait a little longer.
These leaders havent figured out that you cant solve problems with the same "thinking" that created them.
but what the hell do I know - I've been "judged" unfit for service.

19.
    Posted by mike3333 August 17, 2007
I truly cannot believe we have a Judge on the bench that behaves this way. Sure it's the defendants fault, but you souldn't be allowed to arrest a public defender for that. We need someone to go in there and arrest the Judge for being a moron. Hopefully when he comes up for re-election, people remember this. I mean it sounds like he was a maron before, but now he just has more power.

I'm glad the RC was there to be a witness to his obsene actions. Judges are supposed to be neutral...Right? Judges are supposed to keep their personal feelings aside from the bench....aren't they?

18.
    Posted by JoeHattrickForPresident August 17, 2007
Judge Plough makes a mockery of our government and our freedoms. He has an inferiority complex just like George Bush and Vic Vigluicci. He's a poor example of what America is all about. Judges are referred to as being "honorable" for a reason and it's unfortunate for the residents of Portage County that one of the most "unhonorable" men was elected to represent the law with a fair and unbiased hand. Judge Plough is a ****-poor person, a ****-poor father and a ****-poor judge. Hopefully, the residents of this county will remove their heads from their asses when election time comes around again.

Joe Hattrick for president!

17.
    Posted by oldtimer August 17, 2007
Actually it's kind of humorous. Ravenna voters continue to vote for people like Plough and the Jones boy even though they know about their lousy past records. It must be too hard for them to learn different names.

16.
    Posted by streakinduck August 17, 2007
This has nothing to do with the political machine. It was a possible violation of chapter 27 of the Ohio Revised Code. Rule on it for yourself at http://codes.ohio.gov

15.
    Posted by RNG August 17, 2007
I grew up in Ravenna not far from "Judge" Plough. He was an idiot then and seems to be an even bigger idiot now, it that's possible. Why anyone would have voted him in to office for ANYTHING is beyond me. Good luck Ravenna, you're going to need it!

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