Bias, Prejudice and Partiality Disqualify Grendell, Chester Trustee Says
“A reasonable and objective observer would question a judge’s impartiality to be able to rule fairly when the judge himself will rule on whether he is being retaliated against.” – Trustee Ken Radtke
Chester Township Trustee Ken Radtke is pressing for the removal of Judge Tim Grendell in the ongoing 1984 probate court case establishing the Chester Township Park District because of perceived bias, prejudice and partiality.
Radtke alleges Grendell improperly injected himself into altering a 1993 agreement that township and park district officials entered into regarding management of parklands in the township.
Then, when he and Trustee Mike Petruziello voted during an Aug. 18 trustees meeting not to approve the revised contract, Radtke said Grendell ordered his appointed master commissioner to investigate them for fraud, interference, contempt of court and felony retaliation and deprivation of civil rights.
Trustee Bud Kinney voted to sign it.
The judge questioned whether the Radtke and Petruziello voted against signing the new agreement because the township lost an earlier fight in the Ohio Supreme Court over his ability to issue orders to enforce the entry creating the park district, including orders that impose duties on those interfering with the park district’s purposes.
Radtke filed his 35-page affidavit, including exhibits, with the state high court on Oct. 7. In it, he argued Grendell issued an order on June 22 prohibiting the township from exercising certain rights under the 23-year-old agreement.
“Neither the Chester park district nor Chester Township asked for this injunction,” Radtke said. “Neither of these entities sued on the contract in the probate court or any other court.”
The township appealed the order to the 11th District Court of Appeals, which on Sept. 1 stayed its enforcement until the court could decide whether Grendell exceeded his authority in voiding provisions of a contract between two independent political subdivisions.
Despite the appellate court’s action, Radtke said Grendell ordered Master Commissioner Mary Jane Trapp on Sept. 15 to investigate whether Radtke and Petruziello’s actions constituted interference with the park district, fraud on the court and contempt of court.
In his Sept. 15 order, Grendell also directed Trapp to investigate whether the Geauga County Prosecutor’s Office and the township’s private legal counsel perpetrated a fraud on the court or were complicit in perpetrating a fraud related to the township’s refusal to approve the new contract.
One week later, Radtke said the judge, assuming the improper role of criminal investigator, further directed Trapp to investigate possible felony criminal charges and civil claims against the trustees who voted against the revised contract.
“Specifically, the court ordered the master commissioner to investigate and report on whether Trustees Radtke and Petruziello committed a felony by retaliating against Judge Grendell or violated Judge Grendell’s constitutional rights under Section 1983,” Radtke alleged.
Ordering Trapp to investigate whether he personally is being retaliated against and directing her to report on whether the Chester trustees are criminally and civilly liable to him, disqualifies Grendell from the case, argued Radtke.
“A reasonable and objective observer would question a judge’s impartiality to be able to rule fairly when the judge himself will rule on whether he is being retaliated against,” Radtke said.
He added, “It is reasonable to call into question the fairness of Judge Grendell, as he has ordered the master commissioner to investigate felony criminal charges against two of the three Chester Township trustees because he believes they are retaliating against him for losing a prohibition case against him.”
Grendell ultimately would decide whether to adopt Trapp’s findings, Radtke said.
“Even assuming that Judge Grendell could be fair in this circumstance where he is claiming he is being retaliated against, the appearance of an impartial judge would be impossible,” he argued.
Radtke also pointed out that Grendell made gratuitous and inflammatory comments about him during a township Veterans Day ceremony last November.
The judge approached him at the ceremony, Radtke said, and told him, “Are you a hypocrite every day or just on Veteran’s Day?”
“The judge’s gratuitous and inflammatory comments toward Radtke could lead a reasonable and objective observer to believe that the judge may not be able to sit fairly and impartially on a case involving the township when . . . Radtke is one of the trustees, especially when viewed in light of Judge Grendell’s recent order,” Radtke said.
He asked the state high court to assign visiting or retired judges from outside Geauga County to preside over the probate court case.
But Grendell said he bears no ill will, bias, prejudice or animosity toward Radtke.
In his 13-page response, filed with the supreme court Oct. 20, the judge said his only interest is to preside over the 1984 case fairly and impartially.
Grendell said Radtke has not produced any newspaper articles or proof of any public comments attributable to him concerning Radtke.
That is in contrast to a Russell Township Park District matter in which township Trustee Jim Mueller successfully argued for Grendell’s disqualification from proceedings.
“Mr. Radtke has not and cannot demonstrate any public comments made by me that would be in any way disqualifying in this matter,” the judge wrote.
Also unlike the Russell Township matter, Grendell said he did not schedule a hearing or conduct any proceeding. Rather, he delegated the Chester trustees investigation to Trapp.
“Further, unlike the Russell Township matter, I have not issued a subpoena to Mr. Radtke to testify before me and he is not scheduled to testify before me,” Grendell said. “No proceedings before me are pending or scheduled.”
Grendell said Radtke apparently does not accept a recent Ohio Supreme Court decision finding the Geauga County Probate Court has the authority to stop persons from unlawfully interfering with the operation and purpose of the Chester Township Park District.
He also accused the trustee of seeking to circumvent or frustrate the supreme court’s April 2016 decision.
In addition, Grendell said he has taken no action against Radtke, but merely has authorized an investigation into whether the Chester trustees’ actions interfere with the park district’s purpose.
“I am not conducting an independent investigation, but rather authorizing a master commissioner to investigate whether new conduct from Mr. Radtke has or has not interfered with the purpose of the Chester park district and then-Judge Lavrich’s order creating the township park district,” he explained, adding three members of the township park board want such an investigation as well.
Ohio Chief Justice Maureen O’Conner will make the decision whether to disqualify Grendell.
