Grendell Threatens County GOP Chair with Contempt

January 12, 2015

Geauga County Juvenile Court Judge Tim Grendell has been blocked from attempting to hold the chairwoman of the county Republican Party in contempt for expressing opinions about him to a party in a pending juvenile court case.

Last Thursday, the 11th District Court of Appeals granted Geauga County Republican Party Chairwoman Nancy McArthur emergency relief from an order Grendell issued on Dec. 31 summoning her to appear for a hearing in his courtroom.

According to public records obtained from the appellate court, Grendell ordered the hearing to determine whether McArthur should be held in contempt of court for “making vile, contemptuous, slanderous and insulting language directed at the judge, which reflects negatively on the integrity of the court and impedes the court in the administration of justice and protection of the juvenile.”

If she were found guilty, Grendell could sentence McArthur to 30 days in jail and/or fine her up to $250.

McArthur, who is not a party in the juvenile court matter, told the Geauga County Maple Leaf last week that a woman contacted her through the Republican Party’s website asking for help regarding a family member involved in a juvenile court matter.

McArthur declined to offer assistance, but did exchange emails with the woman in which she stated her opinion about Grendell. She declined further comment.

According to Grendell’s Dec. 31 order, he had obtained an email the woman had sent to an unidentified third party referencing statements McArthur allegedly made.

“I am sorry I filed that petition. It is one of the worst mistakes I have ever made in my life. I had no idea what (a) flake Judge Grendell is,” the woman wrote.

“Confidentially, I talked with the chairman of the Geauga County Republican Party and she told me (Ohio Gov. John) Kasich appointed him to replace (the late Judge Charles) Henry in order to get him out of Columbus. She said her opinion of him and that of others in his own party is that he is a narcissist and mentally ill,” the woman said. “Also, that he is a chameleon who takes revenge on people who disagree with him.”

She added, “I can forward you the emails because she put it in writing.”

Grendell indicated in his order he intended to question McArthur about those statements.

“Nancy McArthur improperly interfered with an ongoing (juvenile court matter) by making factually false statements about the competency and legal proficiency of the juvenile court judge … to a known party in that case,” Grendell told the Maple Leaf on Monday.

“Ms. McArthur’s conduct jeopardizes sensitive judicial proceedings that involve protection of a (juvenile),” the judge said.

Grendell said he would not discuss juvenile cases in the media.

“However, the court also will not allow Nancy McArthur or anyone else with a personal political agenda to jeopardize child safety in Geauga County by undermining the credibility and integrity of the juvenile court and the court’s ability to administer justice and protect children in pending … cases,” he added.

Said Grendell, “Ms. McArthur’s filing of a patently frivolous and procedurally defective prohibition action in the appellate court further reflects Ms. McArthur’s disdain for the judicial process and her apparent willingness to put her personal political agenda before that of protecting our county’s children. The juvenile court will continue to focus on its duty to protect children in Geauga County.”

The judge also provided the Maple Leaf with an edited Dec. 13 email from McArthur to the woman. In the email, McArthur states Grendell claims to be conservative.

“He claims to he a constitutional expert and yet conveniently misuses and misinterprets the law if it gets in his way,” McArthur wrote.

“I wish he would go away but for now we are stuck with him,” she said. “I say kick him while he’s down.”

On Monday, the Maple Leaf asked McArthur if she wished to provide the newspaper with an unedited version of her Dec. 13 email. She indicated she would contact her attorney for a response.

McArthur retained Cleveland lawyer Nancy Schuster to represent her in the matter.

On Jan. 7, Schuster requested the Jan. 8 show cause hearing be continued because she already was scheduled to appear in court in Lorain County.

Grendell denied her request, so Schuster asked the court of appeals to intervene and stop the hearing from going forward.

Schuster argued McArthur does not have any knowledge of the juvenile court case, the individuals involved or the issues in dispute.

“McArthur’s alleged conduct, even if true, does not obstruct the administration of justice and, therefore, does not constitute contempt,” Schuster said in her Complaint for Writ of Prohibition.

Judges, like all other public officials, are subject to public criticism, Schuster said, and as long as that criticism is merely an expression of opinion — and does not involve deliberate or reckless misstatements of fact — it is constitutionally protected free speech.

Grendell did not claim McArthur’s alleged statements about him were deliberate or reckless misstatements of fact, Schuster said.

“In fact, the portion of the email upon which … Grendell intends to question McArthur about specifically indicates that the comments McArthur is accused of making were her opinions,” she argued.

Appellate Court Judges Timothy Cannon and Colleen Mary O’Toole agreed to temporarily stop Grendell’s hearing and instructed him to file any response within five days from Jan. 8.

“Upon reviewing the motion for stay and response in question, this court will make its final determination on the stay request,” Cannon wrote in his order.