Board endorses suspension for Greene County judge accused of experienced misconduct

O’Diam declined to comment, indicating that under the code of judicial conduct, he is “prohibited from commenting on pending issues.”

The subsequent stage is for the board’s report to go right before the Ohio Supreme Courtroom. A bash has 20 times to file objections to the board’s recommendations, and oral arguments will be scheduled if any are submitted. The Supreme Court docket will issue a published belief and order of any sanction imposed and disorders for probation or reinstatement, if applicable.

A complaint filed by the Office environment of Disciplinary Counsel on March 29 alleged that O’Diam violated the judicial code that states “a decide shall be patient, dignified and courteous to litigants, jurors, witnesses, attorneys … and other individuals with whom the decide discounts with in an formal capability.” The Ohio Board of Expert Carry out identified that O’Diam had violated the code, according to its report.

Grant David Buccalo, whose deceased mother’s estate was currently being handled by O’Diam & Estess Legislation Team Inc. — the law firm where by O’Diam’s daughter Brittany O’Diam practices — designed responses to Greene County commissioners in Could 2019 that he imagined O’Diam “should recuse himself from cases in which ‘family members’ represent parties.”

Brittany O’Diam has represented shoppers in her father’s court in dozens and dozens of circumstances with out Thomas O’Diam recusing himself. In all of those scenarios, she has filed a waiver of disqualification, a kind all get-togethers signal acknowledging the judge’s potential conflict of interest and settlement to carry on. Buccalo also had signed a waiver in the circumstance.

Brittany O’Diam did not return a ask for for remark.

Buccalo informed commissioners at its Could 23, 2019, assembly: “Justice relies upon on the appearance as properly as the reality of fairness in all matters. Otherwise, it erodes general public self esteem in the authorized program.” Buccalo did not particularly point out his mother’s estate case or specific worry about his involvement with O’Diam.

After finding out about individuals statements to commissioners, O’Diam set a June 6, 2019, status meeting for Buccalo’s estate situation and issued a judgment purchase persuasive the visual appearance of Buccalo and other individuals with no notifying them of the objective nor that Buccalo would have to testify. O’Diam also contacted his daughter and prepared displays and issues for Buccalo, the report stated.

“He named Buccalo to testify less than oath, with out informing him of his right to have his counsel existing, and interrogated him for in excess of an hour in a disparaging method.” He then authorized his daughter to do the similar with no restriction, in accordance to the report. Put together, O’Diam and his daughter questioned Buccalo for about 75 minutes.

Throughout the position convention, O’Diam performed the recording of Buccalo’s comments to commissioners, and mentioned, “Oh, I see this as really personal” and also accused Buccalo of “slander” and using a “free shot” from him. Right after about an hour on the stand Buccalo, who is diabetic, requested for h2o but O’Diam replied, “I never have any water” and did not supply him a crack or endeavor to get water for him, the report stated.

“It was not a very good time,” Buccalo formerly advised the Dayton Day by day Information.

At the end of the circumstance standing conference, the judge explained he would formally recuse himself so the scenario would be taken care of by a going to judge.

A week immediately after the position convention, O’Diam — accompanied by his daughter — attended a June 13, 2019, Greene County commission conference and talked about Buccalo’s case “to even more publicly denigrate Buccalo” when he informed them Buccalo’s comments were being bogus and that he was publicly disparaged and slandered, the report said.

The report uncovered that O’Diam acted with a dishonest or selfish motive simply because for the duration of the standing hearing he did not address whether there was a issue with the waiver or how any issues could be remedied. “Many of (O’Diam’s) statements in the course of equally the status meeting and the disciplinary listening to ended up focused on the outcome of Buccalo’s statement on (his) track record the popularity of his daughter, and the standing of his courtroom, as very well as how individuals statements individually offended him.”

The report also identified that Buccalo suffered hurt by O’Diam’s actions. He informed the panel the practical experience at the position conference “had a profound effect on his psychological wellbeing and also on his relationship with his relatives.”

Buccalo submitted a grievance June 4, 2019, in Greene County concerning his fears with the judge’s conflict waiver, which later was dismissed with no investigation. On the other hand, he did not make the qualified conduct complaint versus O’Diam filed Sept. 30, 2019, as an anonymous grievance towards the choose.

O’Diam despatched a letter to Buccalo on Could 4 ahead of the hearing to apologize for his perform for the duration of the position conference. The choose explained he did not get to out quicker mainly because he imagined Buccalo filed the complaint but later on acquired he did not, the report mentioned.

O’Diam has been the county probate judge because 2013. In advance of that, O’Diam was a probate legal professional for 28 many years.