Judge Tracie Hunters Complaint against Judge Dinkelacker 1-12-15

8/19/2019 Judge Tracie Hunters Complaint against Judge Dinkelacker 1-12-15

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Tracie M. Hunter, Judge

PO Box 11007

Cincinnati, Ohio 45211

January 14, 201

O!!ice o! "i#ci$%inary Coun#e%

&u$re'e Court o! Ohio250 Ci(ic Center "ri(e, &te. )25

Co%u'*u#, Ohio 4)215+7411

January 14, 2015

COMPLAINT: RE: PATRICK DINKELACKER CASE #B1400110; B1400199; B1501273

"ear Mr. "o(e

P%ea#e acce$t the enc%o#ed grie(ance regarding Judge Patric- "in-e%ac-er in hich he o$en%y

de'on#trated hi# $ro$en#ity o! *ia# and $re/udice *ac-dated a /udicia% entry in $retria%

$roceeding# atte'$ted to gi(e the $ro#ecutor# an un!air ad(antage o(er Judge Hunter and

intentiona%%y de%ayed Judge Hunter# tria% o(er one year in (io%ation o! her con#titutiona% right# toachie(e the #$ecia% $ro#ecutor# ex$re##ed intent to de%ay retria% unti% her a$$ea% a# decided. n

direct (io%ation o! the 3u%e#, he !ai%ed to di#ua%i!y hi'#e%! a%though he #er(ed a# a /udge on

'u%ti$%e ca#e# that ere $re#ented a# e(idence again#t Judge Hunter in a $rior tria%. %thoughJudge "in-e%ac-er ha# an intere#t in the outco'e, he re!u#e# to !o%%o the Code o! Conduct.

The Code o! Judicia% Conduct go(ern# thi# co'$%aint. # tran#cri$t# ha(e not *een $re$ared,

ha(e enc%o#ed courtroo' (ideo# o! the $roceeding that gi(e ri#e to thi# co'$%aint.


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n 'u%ti$%e $re+tria% $roceeding#, Judge "in-e%ac-er (io%ated Canon# and 3u%e#, inc%uding

Canon 1,1 3u%e# 1.12 and 1.2) Canon 2,4 3u%e# 2.2,5 2.), 2.4,7 2.,6 2.10 and 2.11.10

"uring a recent $retria% $roceeding in hich Judge Hunter argued a Motion to "i#'i## *a#ed on

#e%ecti(e and 'a%iciou# $ro#ecution, it a# #hon that Judge "in-e%ac-er or an e'$%oyee under

hi# contro% *ac-dated a /udicia% entry. Ex. A

Judge "in-e%ac-er, on record, *%a'ed the *ac-dateddocu'ent on hi# c%er- and #aid he a# not re#$on#i*%e a# the Judge. 8hen Judge Hunter#

attorney argued that Ju(eni%e Court #ta!! #i'i%ar%y $re$ared her /udicia% entrie#, Judge

"in-e%ac-er deter'ined that in hi# ca#e it a# acce$ta*%e, *ut in Judge Hunter# ca#e it a# acri'e. Ex. B. Disk 1 Judge "in-e%ac-er a# aare that a Ju(eni%e Court e'$%oyee te#ti!ied o(er

1 Canon 1 A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

2 Rule 1.1. Compliance with the Law. A judge shall comply with the law.

3 RL! 1.2 "romoting Con#dence in the $udiciary% A judge shall act at all times in a manner

that promotes pu&lic con#dence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

' CA()( 2% A judge shall perform the duties of judicial o*ce impartially, competently anddiligently.

+ Rule 2.2 A judge shall uphold and apply the law, and shall perform all duties of judicialo*ce fairly and impartially.

RL! 2.3 -ias, "rejudice, and arassmentA judge shall perform the duties of judicialo*ce, including administrative duties, without &ias or prejudice. /-0 A judge shall not,in the performance of judicial duties, &y words or conduct manifest &ias or prejudice,

or engage in harassment, including &ut not limited to &ias, prejudice, or harassment&ased upon race, se, gender, religion, national origin, ethnicity, disa&ility, age,seual orientation, marital status, socioeconomic status, or political a*liation, andshall not permit court sta, court o*cials, or others su&ject to the judges directionand control to do so. /C0 A judge shall re4uire lawyers in proceedings &efore the courtto refrain from manifesting &ias or prejudice, or engaging in harassment, &ased uponattri&utes including &ut not limited to race, se, gender, religion, national origin,ethnicity, disa&ility, age, seual orientation, marital status, socioeconomic status, orpolitical a*liation, against parties, witnesses, lawyers, or others.

5 RL! 2.' !ternal 6n7uences on $udicial Conduct/A0A judge shall not &e swayed &y pu&licclamor or fear of criticism. /-0 A judge shall not permit family, social, political, #nancial, orother interests or relationships to in7uence the judges judicial conduct or judgment. /C0 A

judge shall not convey or permit others to convey the impression that any person ororgani8ation is in a position to in7uence the judge.

9 RL! 2. !nsuring the Right to -e eard/A0 A judge shall accord to every person who hasa legal interest in a proceeding, or that persons lawyer, the right to &e heard according tolaw. /-0 A judge may encourage parties to a proceeding and their lawyers to settle mattersin dispute &ut shall not act in a manner that coerces any party into settlement.

2


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one year ago that #he, and not Judge Hunter, created the /udicia% entrie# that $ro#ecutor# accu#ed

Judge Hunter o! *ac-dating. Id. &he !urther te#ti!ied that #he a# trained and #u$er(i#ed *y

Connie Murdoc-, and not Judge Hunter. Judge "in-e%ac-er a# aare o! the te#ti'ony, *ut ha#ignored the %a in (io%ation o! 3u%e 1. 1. Judge i# reuired to di#'i## a ca#e here it i# $ro(en

that the a%%eged cri'e a# not co''itted *y the accu#ed and here the e(idence i# de#troyed.

!oren#ic co'$uter ex$ert retained *y Judge Hunter recent%y con!ir'ed that the &$ecia%

$ro#ecutor# Mer%yn &hi(erdec-er and &cott Cro#e%%, ho had a duty to turn o(er excu%$atory

e(idence that $ro(ed the innocence o! Judge Hunter, ithhe%d ad'itting that co'$uter# ereintentiona%%y de#troyed *y the Ju(eni%e Court at the direction o! Judge John 8i%%ia'# and court

ad'ini#trator Curt 9i##inger. Ex. C t i# again#t the %a to de#troy or ta'$er ith excu%$atory

e(idence, hich they did a!ter the grand /ury a# i'$ane%ed, *ut *e!ore Judge Hunter a#

: RL! 2.1; $udicial


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indicted to hide 'a%!ea#ance *y John 8i%%ia'# and Curt 9i##inger ho ordered it. :$on

in!or'ation and *e%ie!, Judge "in-ce%ac-er, he ha# !ai%ed to !o%%o the %a due to hi# $o%itica%

tie# and connection#, and *a#ed on hi# $re(iou# in(o%(e'ent a# an a$$e%%ate /udge on JudgeHunter# ca#e#, inc%uding one he he%d her in conte'$t !or !o%%oing the ru%e# o! Ha'i%ton

County Ju(eni%e Court to $rotect chi%dren !ro' har'!u% 'edia ex$o#ure in order to #ucce##!u%%y

reha*i%itate the'. The !act that the#e ca#e# ere u#ed again#t Judge Hunter at tria% 'a-e# hi' a'ateria% itne## again#t Judge Hunter in *oth the $rior and current tria% he $re#ide# o(er. &uch

conduct i# #$eci!ica%%y $rohi*ited in 3u%e 2.11. ;nc%o#ed are co$ie# o! #e(era% ca#e# that ere

u#ed a# e(idence in the !ir#t tria%, hich the $ro#ecutor indicated they $%an to u#e in the tria% in!ront o! Judge "in-e%ac-er.


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'anager o! 8CPO T@ #u$$%ied &enator Tho'a# ith a #creen#hot o! the Ha'i%ton County

C%er- o! Court e*#ite #hoing that ;%%#orth 8i%-e# had *een entered into the court #y#te' a#

Judge Hunter# %ayer in ca#e# B1400110 14001 and B150127). Ex. D The in!or'ation'y#teriou#%y di#a$$eared !ro' the Court Manage'ent &y#te' and they denied it a# e(er

entered in the #y#te', unaare that 8CPO had ca$tured a #creen#hot *e!ore it a# re'o(ed.

n addition to the conduct a*o(e, there ere #e(era% other $retria% hearing# *e!ore Judge

"in-e%ac-er that gi(e the a$$earance o! $artia%ity and i'$ro$riety. Judge "in-e%ac-er indicated

on the record on 'u%ti$%e occa#ion# that he engaged in non+tran#cri*ed cha'*er 'eeting# that, *a#ed on the Code o! Judicia% Conduct, ere i'$ro$er in nature. Ex. Disk 2 Ba#ed on hi# conduct

during the#e $roceeding#, he a# c%ear%y not i'$artia%, *ut aiding the $ro#ecutor#. Hoe(er,

hen Judge Hunter !i%ed an !!ida(it o! "i#ua%i!ication tice, *a#ed on Judge "in-e%ac-er#

in(o%(e'ent in 'u%ti$%e Ju(eni%e Court ca#e# that he decided on a$$ea% a# a Dir#t "i#trict Courto! $$ea%# Judge *e!ore hi# e%ection to the Co''on P%ea# Court, he denied *ia# and $re/udice.

Contrary to hi# c%ai' o! o*/ecti(ity, hich %ed Chie! Ju#tice Maureen O Connor to conc%ude that

he a# un*ia#ed, de#$ite ca#e# in hich he 'ade di#$araging co''ent# a*out Judge Hunter

*eing ad'itted a# e(idence again#t her in tria% $roceeding#, ttorney DirooE


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ga'e,? ad'itting on record that he -no# they are $%aying a #ic- $o%itica% ga'e ith her %i!e.

Ex. Disc 1

8hen Judge Hunter, not *eing $ri(y to nor in agree'ent ith tho#e *ac-roo' cha'*er dea%#,

a##erted her de#ire to $roceed ith tria% on the record, Judge "in-e%ac-er *eca'e (i#i*%y angry

and $u*%ic%y re$ri'anded her !or not doing hat he #tated that he and #$ecia% $ro#ecutor# haddecided in cha'*er#. They needed it. Id. Judge "in-e%ac-er !urther #tated that the continuance

ou%d *e attri*uted to Judge Hunter, a# they agreed in cha'*er# gi(ing the a$$earance o!

i'$ro$riety a# it a# c%ear to a%% $re#ent that he a# c%ear%y a##i#ting the #tate, hichde'on#trated he i# (e#ted in the tria% outco'e. 8hen Judge Hunter re!u#ed to agree to their dea%,

Judge "in-e%ac-er re(ea%ed that it a# contrary to hat they decided in hi# cha'*er# ith

$ro#ecutor# and her %ayer, and arned that it *etter not ha$$en again. He o$en%y ad'oni#hed

'y %ayer ho a# (i#i*%y caught *eteen doing hat hi# c%ient anted, hich a# to $roceedith tria%, (er#u# hat the #$ecia% $ro#ecutor# anted, hich a# to de%ay her tria%.

Judge "in-e%ac-er #tated that Judge Hunter# tria% ou%d $roceed June 1, 2015 and that nothing

ou%d -ee$ the tria% !ro' $roceeding. Hoe(er, the #$ecia% $ro#ecutor# !i%ed a Motion to @acatethe Tria% "ate. Judge "in-e%ac-er granted their reue#t, *ut attri*uted it to Judge Hunter. The

#$ecia% $ro#ecutor# %ied to the court hen they !i%ed a 'otion $ri% 14, 2015 #ugge#ting that thecontinuance a# nece##ary *ecau#e Judge Hunter !i%ed an !!ida(it o! "i#ua%i!ication on $ri%

1, 2015. Ex. F Ju#tice O Connor had $re(iou#%y ru%ed ti'e%y and there a# no rea#on to

antici$ate #he ou%d de%ay any #uch ru%ing that ou%d i'$act a tria% to 'onth# aay, hen theru%e on%y reuire# an !!ida(it o! "i#ua%i!ication to *e !i%ed ithin #e(en day# o! the next

hearing. Judge Hunter !i%ed the !!ida(it to 'onth# *e!ore the #chedu%ed tria%. There a# no

rea#on !or the $ro#ecutor# to not *e $re$ared or to *%a'e Judge Hunter !or exerci#ing her

con#titutiona% right to reue#t the re'o(a% o! a /udge ith a c%ear intere#t in the outco'e. Therea# nothing to in(e#tigate, $re$are or #chedu%e hen the tria% a# #et !or June 1. The $ro#ecutor#

ere di#hone#t, a# it a# -non that Mr. Cro#e%% $%anned to ta-e hi# annua% tri$ to Michigan

during that ti'e!ra'e. He anted a continuance !or that rea#on, not due to Judge Hunter.

Judge "in-e%ac-er he%$ed the $ro#ecutor# achie(e their goa% o! aiting !or a con(iction to *e

u$he%d, a# they reue#ted, *y continuing the tria% at the $ro#ecutor# reue#t, *ut attri*uting tho#econtinuance# to Judge Hunter in (io%ation o! the %a. 8ith hi# he%$, they achie(ed their goa%.

# ha(e *een indicted and charged ith cri'e# !or *ac-dated entrie#, e(en a!ter a Ju(eni%e

Court ca#e 'anager ad'itted that #he created and dated entrie# in 'y courtroo' at the directiono! her #u$er(i#or, Connie Murdoc-, the ;xecuti(e "irector o! Ca#e Manage'ent, and not Judge

Hunter then it ou%d !o%%o that Patric- "in-e%ac-er *e cri'ina%%y charged in the #a'e 'anner.

Judge "in-e%ac-er -i%%ed an !rican+'erican o'an hen he cro##ed the center%ine %a#t year,

according to 'edia re$ort#, yet hen he a# #ued *y the !a'i%y in a rong!u% death action he

recei(ed a (i#iting Judge !or hi# ca#e. Judge Hunter reue#ted a (i#iting /udge, *ut a# denied.8hy are there to #et# o! #tandard# and ru%e# *eing a$$%ied /udge# in Ha'i%ton County=


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Patric- "in-e%ac-er #hou%d ha(e !o%%oed the %a and di#ua%i!ied hi'#e%!, a# the ru%e#

#$eci!ica%%y reuire hen one i# direct%y in(o%(ed in the $roceeding#, ha# an intere#t in the

outco'e a# the enc%o#ed exhi*it# de'on#trate, and ha(e o$en%y ex$re##ed hi# $artia%ity. ;x. , H

&incere%y,

Tracie M. Hunter, Judge

;nc%. ;xhi*it#

Cc "e$art'ent o! Ju#tice

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Judge Tracie Hunters Complaint against Judge Dinkelacker 1-12-15

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