Judge Amy Salerno of Franklin County, Ohio has been reprimand for a serious breach of judicial ethics. Salerno lashed out at jurors after they acquitted a defendant and said that it was a “slam dunk” case. Salerno was ranked as the worst judge in the Columbus Bar Association survey in 2007, 2009, 2011, and 2013. She appears intent on continuing her ignoble distinction. We previously discussed the case.
The case itself did not seem a likely choice for such a departure from basic rules of judicial decorum. It was a simply misdemeanor assault case in 2013. Salerno called in the jurors after the not guilty verdict and told them that they blew it and disclosed that the defendant was facing charges in another criminal case.
That is an obvious violation of Judicial Conduct Rule 1.2 requiring a judge to respect and comply with the law and to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary). It was also found to violate Judicial Conduct Rule 2.8(C) prohibiting a judge from commending or criticizing jurors for their verdict other than in a court order or opinion in a proceeding. These violations were found to be aggravated by what the Bar found was how Salerno’s conduct adversely affected several jurors, who were quite upset by the judge’s criticism which “subjected the entire Ohio judicial system to widespread criticism and ridicule after her remarks received nationwide media coverage. See BCGD Proc.Reg. 10(B)(1)(h).” A juror described her demeanor as “nasty” and said that she went home and cried after the criticism.
Salerno issued a statement that noted that she accepted and even asked for the reprimand: “Everyone has said something that they later regretted. Upon reflection, I publicly acknowledged my mistake and have apologized for what was said. It was intemperate. I punished myself by requesting a public reprimand from the Supreme Court. I agreed to and accepted a public reprimand from the Supreme Court of Ohio. I have learned from this experience and it will never happen again.”
Salerno is a former former Republican member of the Ohio House of Representatives from 1995 through 2002. She received her BA from Youngstown State University in 1979 and a JD from the Moritz College of Law at Ohio State University in 1982. She left the House due to term limits and then lost the election for Franklin County clerk of courts. Ohio Governor Taft appointed her to the Franklin County Municipal Court. Despite her low standing as a judge, she was recently reelected with 60 percent of the votes. Her reelection seems to reaffirm concerns over electing judges. As we have previously discussed, low-ranking and even unbalanced judges have been reelected in campaigns that seem disconnected from the merits of judicial retention (here and here and here).
Here is the opinion: Ohio Reprimand
Source: Dispatch as first seen on ABA Journal
Oops. I think I violated the civility rule.
My apologizes.
It is just that anti-Italian prejudice has me riled up ever since I saw Joe Colombo get gunned down at the rally back in the day.
You know he is trying to pass. Without the hair styling and the Brooks Brothers suits we know what the would look like:
http://i276.photobucket.com/albums/kk3/My_Brutal_X-rated_Romance/mario-ron-jeremy.jpg
Even better. A real self hating Italian. I bet he straightens his hair! He has his female relatives bleach their mustaches. When he goes to the pizzeria instead of ordering a Sicilian slice he gets a Neapolitan. With pineapple. Digrazia!
NO JUSTICE….NO PESCA DEAL!!!!!!!!!!!!!!!!!!!!
Paul, Lot of ASU Spring Break kids here this week. They comport themselves pretty well, considering. Next week it’s Arizona. They are a more entitled lot. Similar to the more blue collar San Diego State kids being more considerate the upscale USD frat and sorority preppies. For some reason there are many kids from St. Louis University here this week. Their mascot is the Billiken.
Nick – although ASU has dorms, it is primarily a commuter school.
Trooper, If you remember from JT’s travelogue, he was visiting the town of his ancestors, in Sicily. But, great rant. Eyetalian lives do matter.
Jury, n. a panel of 12 ignorant people.
This is just blatant prejudice against hot headed Southern Italian babes!
GUINEA LIVES MATTER!
Trooper York –
I am not sure I can support this. 😉
Dan….. someone deserved retribution ???? Explain to me how *that* made the world a better place ??
What your people come from the North so you can’t deal with this one who seems like she would be Sicilian? You are just a bigot!
NO JUSTICE, NO MEATBALLS!
The last time I was on a jury , the judge was circumspect and reserved ….. but she violated on all kinds of ethical issues ….. probably without being aware she was doing so …… most judges ( based on my extensive reading ) are unethical , anti-liberty , anti-life. 99guspuppet
99guspuppet – last criminal trial jury I was on the female judge wore cowboy boots and had a courtroom with a spittoon. Very cool. She was great. The jury was hung. She was kind enough to write each juror a short note telling us the final outcome for the defendant, who finally plead guilty to a lessor charge. And again thanked us for our service.
Low information voters probably saw the endorsement of the police union
You just wrote this because you are a self hating Italian!
You lawyers and judges need to get over yourselves already. You are just citizens not superheroes. Judges are allowed to get pissed off. They have a First Amendment right just like the next putz. So she got pissed off and mouthed off a little. BFD.
Trooper York – she can yell at her staff and spouse, but not at the jury. 😉
Judge Amy wants to be like Judge Judy with angry attitude? Guess which judge gets bigger pay check.
Can a defendant request a different judge based on a history like this? Can you appeal a conviction from such a judge?
I was on a jury in Prince Georges County, Maryland, and the judge was so obnoxious, offensive and rude, including to the jury, that I would go so far as to say I hate him. We would have acquitted out of spite, but the accused was obviously guilty and the victim (2nd degree assault) deserved retribution.
Dan – there is usually a presiding judge you could complain to.
I know this stuff happens. However, I have never seen a judge be derisive of a jury. They are almost always very considerate and gracious. The most I’ve seen from a judge is some impatience w/ a jury, a glare over the reading glasses, a sigh, etc. This woman needs to get a new hairdo and get out of the courtroom.
I hate to say this, but today this is just small potatoes. Maybe it is that kind of day. Selecting judges is no panacea. Arizona selects judges for its two largest counties and they run unopposed for retention periodically. If they do not get 50 percent of the vote they are gone. However, the counties are so big it is impossible to know the judges anymore. The commission that selects the three candidates to be submitted to the governor slants Democrat while our governors have been Republican lately. Since they are required to submit 3 names from at least 2 different political parties, they submit two good Democrats and one mediocre Republican trying to force the governor to select a Democrat. Still a lot of game playing.
Worse Criminals are Running the Government than most of the People in Prisons or Jails now. We Get the Real Criminals in Government Locked up to Solve the Countries Problems.
The Governemnt has been rewarding and Promoting Psychopaths, Sociopaths, Pathological Liars, and War Criminals from Torture and Black Sites into Government, Homeland Security and Law Enforcement Agencies. We don’t have a government anymore all we have is a Organized Crime Syndicate of Terrorists with the Protection Arm of Homeland Security Personnel involved in Covering All Their Crimes Up.
If “Law & Order” were still running, the scriptwriters would be all over this. Why make it up when the Bench hands it to you on a plate?