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Plough to hear contempt case today

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David O'Brien
August 24, 2007

By Dave O'Brien

Record-Courier staff writer

Portage County Municipal Court Judge John Plough will preside over a contempt hearing today after an effort to remove him from the case failed.

The Portage County Public Defender's Office filed a motion to disqualify Plough from the case after Plough found Assistant Portage County Public Defender Brian Jones in contempt of court last week.

The affidavit of disqualification was overruled Thursday by Portage County Common Pleas Judge John Enlow. Enlow released a two-sentence ruling finding that the affidavit to remove Plough from the contempt proceedings against Jones was "not well taken."

Assistant Portage County Public Defender Robin Bostick, who filed the motion, alleged Plough's Aug. 16 "public statements and courtroom demeanor demonstrate that he has a fixed, anticipatory judgment regarding the merits of this case. Furthermore, the tension between Judge Plough and (the public defender's office) undermines the parties' and the public's confidence in the fairness of these proceedings."

According to Ohio law, any party to a legal proceeding may file an affidavit of disqualification if they believe a judge has a bias or prejudice for another party to the proceeding. The affidavit must contain specific allegations as to the bias or prejudice, and its validity will be decided by the presiding judge -- in this case, Enlow -- of the court of common pleas of the county in question.

Enlow ruled this week that the assault case against Jordan S. Scott, Jones' client, would be delayed until the disqualification matter was resolved.

Jones was held in contempt by Plough Aug. 16 after refusing to move forward with trial in an assault case against Scott, 20. Scott was arraigned June 18 and had a pre-trial July 25 but was not interviewed for representation by the public defender's office until Aug. 15, the day before his scheduled trial, according to court records.

Appearing before Plough at 11 a.m. Aug. 16, Jones said he was not prepared to proceed as he had only been appointed to represent Scott the day before. After delaying the trial until 1:30 p.m., and finding the public defender still refusing to proceed, Plough found Jones in contempt of court. Plough then set both Scott's trial for 1:30 p.m. today and Jones' contempt hearing for 3:30 p.m. today.

On Wednesday, Portage County Public Defender Dennis Lager, Bostick and Cleveland attorney Ian N. Friedman, a member of the Ohio Association of Criminal Defense Lawyers, filed a 36-page brief in support of Jones.

Approximately 65 other Ohio attorneys also signed off on the brief in support of Jones.




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 4 Total Comments
4.
    Posted by nodealin August 24, 2007
every one knows the rumors about Plough, there is a
crooked road in Kent that leads to a crooked Judge in Kent, so do not get in trouble in Kent or you get to go to the crooked Judges court.

3.
    Posted by DoWhatsRight August 24, 2007
Come on now. Judge Plough was the one that charged the public defender. Do you really think that the Judge will rule against himself. If he wanted to do that, he would just drop the charge.

If I ever sue someone, I want to be rule over my trial also.

2.
    Posted by rdc August 24, 2007
If this were an employ of a business this would be a conflict of interest.

1.
    Posted by hangemhigh August 24, 2007
tell me this isnt just another fine piece of Portage county politics !! a judge getting to sit on the bench and rule on the case against himself ?! what a freaking joke !!!

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