Geauga County Commissioners denied Juvenile/Probate Court Judge Tim Grendell’s request the county pay $300,000 of his legal fees stemming from a disciplinary case and his request for outside counsel at their Jan. 7 meeting.
Geauga County Commissioners denied Juvenile/Probate Court Judge Tim Grendell’s request the county pay $300,000 of his legal fees stemming from a disciplinary case and his request for outside counsel at their Jan. 7 meeting.
Newly-elected Commissioner Carolyn Brakey and Commissioner Jim Dvorak voted no, while Commissioner Ralph Spidalieri abstained.
Grendell appeared at a November meeting to make his case, explaining that because he is a Geauga County officer and employee, he is entitled to defense in any action, with no exceptions for disciplinary action.
No action was taken at the time, with Commissioner Jim Dvorak wanting to do more research and then-Commissioner Tim Lennon wanting to seek legal counsel.
In September, the Ohio Board of Professional Conduct found Grendell engaged in blatant, deliberate and egregious misconduct related to his handling of juvenile cases, specifically involving a situation where he ordered two teenage brothers into juvenile detention for refusing to visit their father. The board recommended he immediately be removed from the bench and the matter is now in the hands of the Ohio Supreme Court.
Newly-elected Commissioner Carolyn Brakey said she had asked for Grendell’s requests to be on Tuesday’s agenda.
“I think there’s a lot of unrest in the county about this issue and that people would like to see it resolved,” she said.
Brakey referred to the section of the Ohio Revised Code cited in Grendell’s request, 2744.07(A)(1).
“Just the plain reading of that statute, it refers to ‘any civil action or proceeding which contains an allegation for damages’ and then it goes on from there. Clearly, this is not a civil action or proceeding, this is a disciplinary proceeding, and there’s no allegation for damages,” she said. “What’s at stake is Mr. Grendell’s legal license — his law license and his ability to continue as a judge.”
The law is inconsistent with the request, she said.
County Administrator Gerry Morgan explained the outside legal opinion he had been given on the matter.
“Basically, the reply was, the board has the authority to provide the funds, but there’s no requirement for them to provide the funds,” he said. “And with regards to the request for outside counsel, that would actually not be approving the hiring of the outside counsel, that would be approving a request from the prosecutor to seek a joint application with the court to approve hiring outside counsel.”
Brakey called the procedure with the already-incurred legal fees out of whack.
“The request has come after this $300,000 in legal fees have been incurred and the commissioners have had no ability to decide what the proper rate should be of this attorney, who the attorney is, it’s kind of coming in after the fact and asking for a reimbursement,” she said.
Spidalieri said the Ohio Supreme Court appointed the counsel and the commissioners do not have negotiating rights, which Morgan confirmed.
“We have never received anything from the probate court on whatever might have been signed off by the judge prior to that counsel being appointed,” he said.
Morgan confirmed Brakey was correct in saying this should have been done two years ago, when counsel was no longer being covered by supreme court funds.
There had been a large miscommunication with the invoices, Spidalieri added.
“As Judge Grendell stated when he was here, the bills were not coming to us and from what I understand, according to what his statement was, is that they basically were surprised by the bills showing up at their office at a later date,” he said.
They are probably going to have to pay the fees one way or another, Spidalieri said, adding it’s more about whether they do it now or after a suit is filed against them.
“I think at best, it’s our discretion whether to pay for it and I think it sets a dangerous precedent for taxpayers to be subsidizing elected officials’ wrongdoing,” Brakey replied. “If we’re forced to do this by the court, then that’s one thing, but voluntarily entering into it at this time, I think it sets a dangerous precedent.”
Brakey also said she considers Grendell’s assertion he is a “county employee” a gray area.
“My understanding is he is partially paid by the state and partially paid by the county,” she said. “I didn’t really get into the weeds of that analysis, but as far as, does the statute he cites say what it does, it absolutely does not. And a first-year law student could figure that out.”
Dvorak stated if they are made to pay a portion of it through the courts, then he will wait for that day.
Grendell did not respond to a request for comment prior to press deadline.
