CHARDON, Ohio — Geauga County Commissioners are looking into whether they should decide to give Geauga County Juvenile Probate Court Judge Timothy J. Grendell $300,000 to pay for legal fees to fight being suspended from the bench.
Grendell requested the money from the commissioners during their regular meeting on Tuesday morning.
Grendell would use the money to pay attorneys who represented him during disciplinary hearings this spring and to hire attorneys fore upcoming disciplinary proceedings before the Ohio Supreme Court.
Grendell argued the county should be responsible for covering his costs.
The Ohio Board of Professional Conduct issued a recommendation that Grendell be immediately suspended from the practice of law for 18 months without pay, with six months stayed, in early October.
Records obtained by News 5 Investigators also show Grendell is arguing county commissioners can authorize outside counsel to assist in his defense.
The board found Grendell "engaged in professional misconduct" in a case involving two teenage brothers in June 2020.
Grendell locked up Carson and Conner Glasier, then 15 and 13, for three nights at the Portage-Geauga County Juvenile Detention Center in June 2020 after they refused parental visitation with their estranged father.
RELATED: Two teen brothers refused to see their dad. An Ohio judge locked them up
Their mother, Stacy Hartman, attended the commissioner's meeting.
She hopes the county denies Grendell's request.
"I'm furious about it," she said. "He shouldn't be allowed to have taxpayer dollars to pay for his mistakes."
The board found Grendell's claim that detaining the boys was "in their best interest" was "patently facetious" and "contrary to law."
The board also found Grendell engaged in misconduct during an ongoing dispute with Geauga County Auditor Chuck Walder and other county officials about his court's bills and expenses.
Additionally, the board determined Grendell violated Ohio's code of judicial conduct when he testified in support of legislation that was introduced by his wife, former Ohio Rep. Diane Grendell, in 2020 about COVID-19 statistics.
Judge Grendell's response
Below is Grendell's statement after the board recommended his suspension:
"I respectfully disagree with the decision. Over four (4) years ago, I temporarily placed two juveniles in temporary custody for being unruly. The Ohio statute and governing 11th District Appellate Court’s rulings specifically permitted such placement. Then, I sent the case to Diversion per the Juvenile Rules. All of my decisions were based on recommendations of the Domestic Relations Court’s appointed mental health expert, that letting the boys terminate their relationship with their father would cause them permanent psychological harm. When the older boy turned 18, he moved out of his mother’s house and moved in with his dad. Unfortunately, he died in a motorcycle accident before the hearing. None of my decisions were appealed or reversed by the appellate court. No attorney for the parties accused me of bias or lack of impartiality and no one filed to have me disqualified while the case was pending.
What could happen?
Taxpayers could be on the hook for Grendell's legal bills.
Public officials who face lawsuits related to their job duties are entitled to have their legal expenses covered as long as they acted in good faith, according to Cleveland State University Law Professor Jonathan Witmer-Rich.
"The question in this case is whether Judge Grendell was engaged in the good faith performance of his duties," he said.
He said it's "very unusual" for a judge to face an 18-month suspension from the bench.
"A finding like this and a recommendation of an 18-month suspension is a pretty substantial sanction," he said. "I think there's a question of whether this would count as good faith performance of his duties or not."
He agreed with the commissioner's decision to further look into whether or not they should authorize money for Grendell's legal expenses.
"They might want to sit on it for a little while and see how it plays out before the (Ohio) Supreme Court," he said.
