The Grievance Process
A grievance sent to the Disciplinary
Counsel of the Supreme Court of Ohio or to a local bar association's
certified grievance
committee will be reviewed to determine whether the grievance alleges a violation of the Ohio Rules of Professional Conduct and/or
Code of Judicial Conduct.
If there is evidence that supports the allegation of a violation, the grievance will be investigated. Following
the investigation, if substantial, credible evidence is found that a violation has occurred, a formal complaint may be filed with the
Board of Commissioners on Grievances and Discipline.
A three-member panel of the Board will review the complaint and determine
whether probable cause exists to certify it. If the complaint is certified by the Board, a hearing may be held before a different threemember panel of the Board. T1e panel considers the evidence and makes a recommendation to the full Board of Commissioners.
The
full Board then makes a recommendation to the Supreme Court of Ohio. The Court has [mal say on whether to discipline an attorney
or judge and what sanction should be administered.
A grievance is confidential until the Board certifies it as a formal complaint.
grievance or complaint can be dismissed at any point in the process.
Grievance Form
YOUR NAME:
L\"IN (; 57 () "',
Last
First
MI
Phone No.
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--------------~-------------------------------------------------------------Street
PERMANENT
ADDRESS:
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City
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@OUT
WHOM ARE YOU COMPLAINING?
(please circle) ATTORNEY
NAME: __
Zip Code
State
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First
Last
or
I
JUDGE
_
Phone No.
MI
ADDRESS:
_
Street
City
County
Have you filed this grievance with any other agency or bar association?
If yes, provide name ofthat agency and date offiling:
Did you receive a response?: __
Yes __
Zip Code
State
No
_____ yes
---,-
)(
date:
IF YES, PLEASr AIT ACH A COpy
I
No
_
A
Did this attorney represent you? __
Yes
Date the attorney was hired:
_
Does s/he still represent you?:
Did you pay the attorney a fee/retainer?
Yes
Did you sign a written fee agreement/contract?
Has the attorney sued you for fees?
Type of case:
~No
Yes
Yes
___
No
If yes, how much?:
No
---
Yes
No
_
IF YES, PLEASE ATTACH A COPY
No
Have you brought civil or criminal court action against this attorney or judge?
Yes
)c
No
If yes, provide name of court and case number
_
Reswt of court action:
_
Name and contact information for attorney currently representing you, if different than attorney about whom you are
complaining:
Does this grievance involve a case that is still pending before a court?
Yes
)( No
If yes, provide name of court and case number:
_
What action or resolution are you seeking from this office?
_
WITNESSES:
List the name, address, and daytime telephone number of persons who can provide information, IF NECESSARY,
in support of your grievance.
NAME
PHONE NO.
ADDRESS
FACTS OF THE GRIEVANCE
Briefly explain the facts of your grievance in chronological order, including dates and a description of the conduct committed
by this legal professional. Attach COPIES (DO NOT SEND ORIGINALS) of any correspondence and documents that
support your grievance.
I
The Rules of the Supreme Court of Ohio require that investigations be confidential. Please keep confidential the fact that you
are submitting this grievance. The party you are filing your grievance against will receive notice of your grievance and
may receive a copy of your grievance and be asked to respond to your allegations.
S;g~~~~
~
(L
Date
,I
l
IN THE OFFICE OF DISCIPLINARY COUNSEL
THE SUPREME COURT OF OHIO
I
GR~EVANCE AGAINST SIMON LAWRENCE
LEIS, JR.
(Rules V and VII of the Supreme Court Rules for the Government of the Bar of Ohio)
I
SUPPLEMENT TO GRIEVANCE FORM
To the Honorable Disciplinary Counsel:
Now comes Nathaniel Livingston, Jr., and hereby respectfully represents to this Office of
Disciplinary Counsel as follows:
I.
JURISDICTION
l.
ETHICAL MISCONDUCT - Article IV, Section 2(B)(I)(g) of the Ohio Constitution
provides the Supreme Court of Ohio with original jurisdiction over "admission to the practice of law,
the discipline of persons so admitted, and all other matters relating to the practice of law." This
jurisdiction includes authority over ethical misconduct by attorneys and judges.
2.
UNAUTHORIZED PRACTICE OF LAW - The Ohio Supreme Court's jurisdiction
includes authority over the unauthorized practice of law. Pursuant to this constitutional authority, the
Court promulgated Rule VII of the Supreme Court Rules for the Government of the Bar of Ohio.
Gov. Bar R. VII I("Unauthorized Practice of Law") governs unauthorized practice of law
proceedings. It established the Board on the Unauthorized Practice of Law of the Supreme Court of
Ohio.
3.
VIOLATIONS OF CRIMINAL STATUTES - The Ohio Supreme Court has
determined that where, in the course of an investigation by the Office of Disciplinary Counsel, it is
found that a person involved in the investigation may have violated federal or state criminal statutes,
the Office of Disciplinary Counsel ~ball notify the appropriate law enforcement
agency,
prosecutorial authority, or regulatory agency of the alleged criminal violation and may provide the
agency or authority with information concerning the criminal violation.
II.
PARTIES
4.
The Office of Disciplinary Counsel is charged with investigating allegations of
ethical misconduct against attorneys and judges.
The Office of Disciplinary Counsel investigates
allegations and initiates complaints concerning ethical misconduct of judges or attorneys under the
Code of Professional Responsibility, the Rules of Professional Conduct, the Code of Judicial
Conduct, and rules governing the Unauthorized Practice of Law, pursuant to the Ohio Supreme Court
Rules for the Government of the Bar and the Government of the Judiciary.
·5.
The Board on the Unauthorized Practice of Law of the Supreme Court of Ohio is
charged with investigating complaints of unauthorized practice of law.
6.
Simon Lawrence Leis, Jr. is a white man.
7.
The Ohio Supreme Court's website states Leis was admitted to the practice of law in
I
the state of Ohio on May 11, 1966. His Ohio Supreme Court Registration Number is 0015356.
8.
From] 1971-1983, Leis served as Hamilton County Prosecuting Attorney. From 1983-
1987, he served as a judge of the Hamilton County Court of Common Pleas.
9.
In or around June 1987, Leis was appointed Sheriff of Hamilton County, Ohio. He
was elected Sheriff in November, 1988 and served in that position until his term ended on December
31,2012.
10.
In a letter dated May 1,2012, Ohio Supreme Court Chief Justice Maureen O'Connor
wrote to thank then-Sheriff Leis for advising her of his retirement. She notified him that she informed
the Court's Judicial and Court Services Division of his interest in serving as a retired assigned judge
(where he would rake in between $60.68 - $66.00 per hour and $485.44 - $528.00 per diem). [A copy
of the letter is attached as Exhibit A.]
11.
On October 22,2012, Diane E. Hayes, Judicial Assignment Specialist with the Court,
wrote Leis: "Pursuant to Chief Justice O'Connor's approval for you to serve as a retired assigned
judge ... " indicating Leis was approved to practice law while serving as a retired assigned judge.
[See, Exhibit B.]
12.
The Ohio Supreme Court's website currently (March 19, 2015) contains the
following additional information on Leis. His current registration is "inactive". His Attorney Title
is: Sheriff. His Office is: Hamilton County. His Employer Address is: Justice Center Room 110,
1000 Sycamore Street, Cincinnati, OH 45202. His Office Phone is: 000.946.6400.
Page 2 of2
I
13.
Upon information and belief, Simon L. Leis, Jr. is an attorney at law, duly admitted
to the practice of law in the state of Ohio. He is serving as a retired assigned judge. As an attorney
and a judicial officer, Leis is subject to the Code of Professional Responsibility, the Ohio Rules of
Professional Conduct, and the Ohio Code of Judicial Conduct.
III.
NON-P ARTIES
14.
Nathaniel Livingston, Jr. is an individual citizen and African American man. At all
times mentioned in this Grievance he was an Ohio citizen.
He is currently a resident of Lucas
County.
15.
Joseph Theodore Deters is a white man. Deters is, and at all times mentioned in
this Grievance was, an attorney at law, duly admitted to the practice of law in the state of Ohio.
From 1992-1999, Deters served as Hamilton County Prosecuting Attorney. In 1999, Deters began
serving as Treasurer for the State of Ohio. Faced with multiple scandals, ethical violations, criminal
probes, and felony indictments, Deters fled the Treasurer's Office in disgrace and returned to the
Prosecutor's Office in 2004. He is the current prosecutor.
16.
Michael Kurt Allen is a white man. Allen is, and at all times mentioned in this
Grievance was, an attorney at law, duly admitted to the practice of law in the state of Ohio. Allen
served as Hamilton County Prosecuting Attorney from 1999 until he was busted having a sexual
relationship (that including sexual conduct in his public office) with one of his subordinates. He was
forced to resign in 2004.
17.
Francis David James Albanese is a white man.
Albanese is, and at all times
mentioned in this Grievance was, an attorney at law, duly admitted to the practice oflaw in the state
of Ohio.
18.
Gail Antoinette Wright is a white woman. Wright is, and at all times mentioned in
this Grievance was, in attorney at law, duly admitted to the practice oflaw in the state of Ohio.
19.
Robert Scott Croswell III is a white man. Croswell is, and at all times mentioned in
this Grievance was, an attorney at law, duly admitted to the practice of law in the state of Ohio.
20.
Merlyn D. Shiverdecker is a white man. Shiverdecker is, and at all times mentioned
in this Grievance was, an attorney at law, duly admitted to the practice oflaw in the state of Ohio.
I
21.
Beth Ann Myers is a white woman. Myers is, and at all times mentioned in this
Grievance was, an attorney at law, duly admitted to the practice oflaw in the state of Ohio.
Page 3 of3
/
22.
Ann Marie Tracey is a white woman. Tracey is, and at all times mentioned in this
Grievance was, an attorney at law, duly admitted to the practice oflaw in the state of Ohio.
23.
Ethna Marie Cooper is a white woman. Cooper is, and at all times mentioned in
this Grievance was, an attorney at law, duly admitted to the practice of law in the state of Ohio.
24.
Tracie Marie Hunter is an African American woman.
In 2008, over 100,000
electors voted for Hunter to serve as a judge of the Hamilton County Juvenile Court. Chief Justice
O'Connor, a white woman, has signed orders suspending Judge Hunter from practicing law and
disqualifying her from acting as a judge.
IV.
LAW
25.
Ohio Revised Code § 4705.01 explicitly prohibits a sheriff from practicing as an
attorney at law in any court of this state.
26.
Gov. Bar R. VII(2)(A) sets forth additional types of unauthorized practices of law.
27.
Ohio Revised Code § 309.09(A) provides that the prosecuting attorney shall be the
legal advisor to all county offices and shall prosecute and defend all suits and actions involving the
county. The law specifically states: " ... no county officer may employ any other counselor attorney
at the expense of the county, except as provided in section 305.14 of the Revised Code."
V.
FACTS
28.
In 1974 (or possibly 1976), while serving as prosecutor, Leis authored a letter to
then-Hamilton County Sheriff Paul J. Fricker in which he opined that the sheriff may not employ
legal counselor pay counsel from county funds.
29.
On or about August 27, 1999, then-Sheriff Leis practiced law in the Hamilton County
Common Pleas Court. Leis signed his name to a complaint and caused that complaint to be filed
with the Hamilton County Clerk of Courts.
The complaint listed Simon L. Leis, Jr., Sheriff as
plaintiff. The two named defendants were: Democratic National Committee and United States Secret
Service. [A copy of the complaint is attached as Exhibit C.]
30.
Not only did Leis illegally engage in the unauthorized practice of law, this public
official also committed a Theft offense in violation of Ohio Revised Code § 2921.41 (A)(2), to wit:
THEFT OF UNITED STATES CURRENCY owned by the Hamilton County, Ohio, Board of
County Commissioners andlor the Hamilton County Sheriffs Office andlor the Hamilton County
Page 4 of4
)
Clerk of Courts and or the Hamilton County Common Pleas Court.
31.
Specifically, Leis, who was a public official, used his office to file the complaint. He
knew, or should have known, that he was statutorily prohibited from filing the lawsuit, and he was
therefore violating the law when he signed and filed the complaint.
By filing the lawsuit, Leis
knowingly obtained, by deception, property from the county (money), which benefited himself or
another. He also knowingly caused, by his deception, some detriment to another, namely the county.
In the end, the lawsuit resulted in $91 in court costs, and an undetermined amount in non-court costs
(human and material resources, etc.).
32.
In addition to Leis' unauthorized practice of law and theft by deception, he had two
members of his staff -- Gail Wright and Francis Albanese -- sign the complaint.
Wright and
Albanese are listed as "of counsel." Leis used county funds to pay them. Even if Leis had been
permitted to practice law, and spend county money on the lawsuit, he was not permitted to file
actions on behalf of his own office or on behalf of any other county office. Nor was he lgeally
entitled to authorize payment from the county for his lawsuit which violated the law. Also, Leis
wasn't lawfully authorized to employ others to do any of these things.
33.
After the lawsuit was filed, then-prosecutor Allen made statements to the media,
complaining about Leis' improper filings. The filing sparked a public fight. Deters joined the fight
and made statements to the media on behalf of Allen, and against Leis's improper practice oflaw and
use of county funds.
34.
A September 1, 1999 story titled "Leis, Allen feud - a new fight but an old story,"
published in The Cincinnati Post contained this: "Allen believes the Leis suit is a violation of Ohio
law and characterized it as 'sheer arrogance. '" The story continued: "Allen said there is no legal
basis for the lawsuit. He said further that Leis has no right to file the suit and is in fact breaking the
law." Deters was quoted in that article, which means he knew what Leis had done. [A copy of the
newspaper article and several others are attached and marked Exhibit D.]
35.
News came on September 2, 1999 that Leis had filed at least 41 lawsuits.
A
September 2, 1999 story in The Cincinnati Enquirer titled "Sheriff filed dozens of lawsuits"
contained these paragraphs:
Hamilton County Sheriff Simon L. Leis has signed his name to more than 40 lawsuits
that prosecutors say violate Ohio law.
Court records show that the sheriff filed the suits during the past two years in an effort to
Page 5 of5
'j
recover training fees and equipment costs from former employees.
According to court records, the sheriff has filed at least 41lawsuits
Small Claims Court and Municipal Court.
in Hamilton County's
Former County Prosecutor Joseph Deters, who frequently feuded with the sheriff before
becoming state treasurer, said he's not surprised that Sheriff Leis filed suits without
consulting the prosecutor.
He said the sheriff often did not discuss issues with him and, at times, decided not to
follow the prosecutor's legal advice.
Although more than a dozen of the suits were filed when he was prosecutor, Mr. Deters
said he never was notified by the sheriff. ...
While the sheriff's actions are not a crime, Mr. Allen said they could lead to disciplinary
action against him or the attorneys in his office ....
A Supreme Court spokesman said the committee would evaluate any complaint. ...
36.
To the best of my knowledge,
no ethics or unauthorized
practice of law complaint
was ever filed by Deters or Allen.
37.
Although a Supreme Court spokesman
aware of any complaint
or grievance
was made aware of Leis' conduct, I am not
being undertaken"
or any investigation
being conducted,
to
determine if Leis violated any laws or rules.
38.
Prosecuting
To deal with the lawsuit filed by Leis, Allen filed a "Motion of Hamilton
Attorney for Leave to Intervene as Party Defendant
the motion, Allen argued (as he did in the newspaper)
wasn't a violation of any criminal statute.
County
and to Dismiss the Complaint."
In
that Leis violated the law, even if the violation
The case was assigned to former Judge Ann Marie Tracey
and later to Judge Ethna Cooper.
39.
According
to the Enquirer article cited above, more than a dozen of the suits were
filed when Deters was prosecutor.
convened
a grand jury to consider
To the best of my knowledge,
Deters never investigated
Leis, or
indicting the white sheriff for filing lawsuits on behalf of his
office, or did anything to stop the sheriff from using county money to pay for lawsuits he filed, or
sought justice for Leis using county money to pay for his in-house counsel.
Page6of6
40.
Although their interactions with Leis were often hostile, I believe Deters and Allen
both demonstrated that the rule for dealing with white public officials is to have a fight, work things
out, but file no criminal charges.
41.
Deters hand picked Croswell and Shiverdecker to be appointed Special Prosecutors.
Their mission was always to bring indictments against Judge Hunter and force her from the bench.
Judge Beth Myers rubber-stamped Deters' recommendation.
Croswell & Adams Co., L.P.A.
Croswell is a partner in the law firm
Gregory L. Adams is Croswell's patiner.
Croswell & Adams
represents Deters in his personal divorce. Deters is Hamilton County's legal representative. He
used his position to force the county to pay his personal divorce lawyer's firm a sum of money
reported
to
be
approximately
grievances/complaints
one
MILLION
DOLLARS.
(A
senes
of
separate
are being prepared to have this conduct investigated and addressed by
Disciplinary Counsel.)
42.
I have read the Indictments against Judge Hunter and understand that at least two
counts relate to her allegedly authorizing county money to be used to pay for responsive filings in
lawsuits filed against her public office. Whereas the rule for Leis, a white man, was that criminal
charges would not be pursued against him because he didn't do anything criminal, the rule for the
Black woman, Judge Hunter is different.
43.
I have read the "Motion to Dismiss Indictment" filed by Judge Hunter's criminal
defense attorney, Clyde Bennett II. In it, Bennett essentially accuses Deters of using Croswell and
Shiverdecker
as
his
proxies.
They,
in
turn,
have
engaged
in
PROSECUTORIAL
VINDICTIVENESS and SELECTIVE PROSECUTION.
44.
Unless I missed it, Bennett never mentioned Leis' actions in his motion to dismiss.
He cited other examples to prove his point. Hunter is alleged to have taken actions that are similar to
those taken by Leis. Prosecutors are prohibited from selectively prosecuting individuals based on
race and/or gender. Nothing was done to Simon Leis when he took actions, or caused actions to be
taken, that seemingly violated the law -- engaging in the unauthorized practice of law; illegally
representing his county office; spending or causing county money to be spent on the filing of at least
41 lawsuits (cumulative value most certainly in excess of $1,000 within a ninety day period); hiring
and paying others to represent his county office. Leis faced no criminal investigation or grand jury
witch hunt.
When Judge Hunter allegedly took far less serious actions, she got indicted and
suspended from the bench. It appears race impacted the way Leis and Hunter were treated.
Page 7 of?
45.
The Office of Disciplinary
Counsel has earned a reputation as an office that refuses to
launch and thoroughly investigate certain grievances.
investigate
Disciplinary
grievances
because
they are related
Disciplinary
to unresolved
Counsel should not try to use Judge Hunter's
ignore the matters complained
Counsel attempts to claim it can't
criminal
pending
trials.
In this instance,
criminal trial as an excuse to
of in this document because the grievance/complaint
Judge Hunter's
criminal case. Disciplinary
Judge Hunter's
case.
is unrelated to
Counsel isn't being asked to impermissibly
intervene in
I have presented the racial element here so that it can be preserved for future
filings. It is professional
misconduct
for a lawyer (a prosecutor,
special prosecutor,
engage, in a professional
capacity, in conduct involving discrimination
or even judge) to
prohibited by law because of
race, color, religion, or gender.
46.
If Disciplinary
Counsel
investigates
this grievance/complaint
and determines
Leis
violated federal or state criminal statutes, it would be improper to notify Hamilton County officials
since so many of them are, in some way, connected
to the conspiracy
protect white guys like Leis. In the event a determination
to oust Judge Hunter and
is made that possible criminal violations
may have occurred, referral should be made to federal law enforcement
authorities
or the Attorney
General.
Respectfully
submitted,
NATHANIEL LIVIN
4410 Bowen Road
Toledo, Ohio 43613
(567) 868-9334
N ateLi
[email protected]
Page 8 of8
EXHIBIT
A
65 SOUfH
FRONT
STREET, COLUMBUS,
OH
43215-3431
CHIEF JUSTICE
MAUREEN
CHIEF JUSTICE
O'CONNOR
MAUREEN O'CONNOR
JUSTICES
PAUL E. PFEIFER
TELEPHONE
EVELYN LUNDBERG STRAITON
TERRENCE O'DONNELL
www.supremecourt.ohio.gov
JUDITH ANN LANZINGER
ROBERT R.
Cupp
YVETfE MCGEE
BROWN
May 1,2012
The Honorable Simon L. Leis, Jr.
Sheriff, Hamilton County
Room 110, 1000 Sycamore Street
Cincinnati, Ohio 45202
Dear Sheriff Leis:
Thank you for advising me of your retirement on December 31, 2012. On behalf of the
Supreme Court, congratulations.
Your years of public service will be remembered by all
of us and by all the citizens whom you have served.
I have informed Diane Hayes, Judicial Assignment
as a retired assigned judge.
Specialist, of your interest in serving
I ~xtend best wishes to you for fulfillment and happiness in the years to come.
I
)
I
SiAAerely,
J
I\
:L
I
,
.» -
.I
\./J
r <r
CL:'-'-,
.,
/t~l d ~
» --7-.6
'Chief Justice Maureen O'Connor
MO'C:deh
cc:
614.387.9060
FACSIMILE 614.387.9069
Jill Winn
Diane Hayes
Brian Farrington
Jennifer Dennis
Attorney Services
Human Resources
Fiscal
/'J
EXHIBIT
B
JUDICIAL AND COURT SERVICES DIVISION
65 SOUTH FRONT STREET, COLUMBUS, OH 43215-3431
CHIEF JUSTICE
MAUREEN
ACTING DIRECTOR
O'CONNOR
W. MILTON
JUSTICES
NUZUM
III
CASE MANAGEMENT SECTION
STEPHANIE E. HESS, MANAGER
PAUL E. PFEIFER
EVELYN LUNDBERG
STRAITON
TERRENCE O'DONNELL
JuDITH ANN LANZINGER
TELEPHONE
ROBERTR. CUFF
614.387.9410
FACSIMILE 614.387.9419
YVETTE MCGEE BROWN
www.supremecourtofohio.gov
October 22,2012
The Honorable Simon L. Leis, Jr.
Sheriff, Hamilton County
1000 Sycamore Street, Room 110
Cincinnati, OR 45202
Re:
Retired Assigned Judge Orientation Information
Dear Sheriff Leis:
Pursuant to Chief Justice O'Connor's approval for you to serve as a retired assigned judge, this
letter is intended to provide you with information to help you get started.
Prior to sitting by assignment, Chief Justice O'Connor would like you to first shadow a current
sitting judge of a common pleas court for a day or two in order to re-familiarize yourself with the
daily work operations of a common pleas judge.
This letter will provide you with answers to some of the questions most frequently asked by
retired judges who return to active duty by assignment. The general topics addressed in this
letter are:
•
•
•
•
•
•
•
•
•
Guidelines for Assignment of Judges
Attorney Registration
Continuing Legal Education/Judicial College Requirements
Employment Status/OPERS Status
EthicslFinancial Disclosure Statements
Assignment Eligibility
Assignment Procedures and Compensation
Judicial Liability Insurance
Reimbursement ofTrave1 Expenses
Hon. Simon L. Leis, Jr.
October 22, 2012
Page 2 of6
Identified below is contact information for Supreme Court staff who can best assist you in
answering any additional questions you might have regarding each of these general topics.
Guidelines for Assignment of Judges
The Guidelines for Assignment of Judges ("Guidelines") establish a set of protocols governing
the entire judicial assignment process, a copy of which is enclosed. Much of the information in
this letter stems from the Guidelines.
Attorney Registration
Pursuant to Guideline 3.2. of the Guidelines, retired assigned judges must maintain active status
as attorneys and be in good standing as members of the bar.
In accordance with Rule VI., Section I (G) of the Rules for the Government of the Bar of Ohio,
your home address is a public record unless you have provided Attorney Registration with an
office address. An acceptable office address is a post office box. Enclosed is a Change of
Information and Replacement Card Form from Attorney Registration which will allow you to
add an office address to your attorney registration file if you choose to do so.
Staff Contact: Attorney Services
Attorney Registration & CLE Section
Telephone: 614.387.9321
E-mail:
[email protected]
Continuing Legal Education/Judicial College Reguir,ements
Because you must maintain active status with Attorney Registration and will be serving as a
judge, you will need to keep your CLE and Judicial College hours current. You must earn 10
hours of Judicial CLE credit through the Judicial College every two years. Enclosed is a
memorandum prepared by Susan Christoff, Director, Attorney Services, and a copy of the
Continuing JudiciallLegal Education Fact Sheet, both of which provide a summary of the
specific requirements you need to be aware of.
Staff Contact: Tammy White, Administrative Assistant
Attorney Registration & CLE Section
Telephone: 614.387.9330
E-mail:
[email protected]
Staff Contact: Patti Reid, Registrar
Judicial College
Telephone: 614.387.9456
E-mail:
[email protected]
Hon. Simon L. Leis, Jr.
October 22,2012
Page 3 of6
Employment Status/OPERS
Status
The Supreme Court's Office of Human Resources prepared the enclosed information packet
concerning the various forms you need to complete in ord.er for us to set up or make changes to
your payroll account and for you to notify OPERS of your employment status change. When
completing the Notice of Re-employment of an OPERS Benefit Recipient (SR-6) form, in Section
2, please check box number 5, as you are "a retired judge assigned to active duty by the Chief
Justice of the Ohio Supreme Court."
Please note that the two month contribution forfeiture period that retired state employees are
subject to when becoming reemployed with the state does not apply to reemployed retired
judges. Enclosed is a copy of a letter we obtained from OPERS's general counsel which
memorializes this exemption.
Staff Contact: Liz Minor, Payroll Specialist
Office of Human Resources
Telephone: 614.387.9472
E-mail:
[email protected]
EthicslFinancial
Disclosure Statements
You remain responsible for filing Financial Disclosure Statements by April 15 of each year. By
February 15 of each year, the Board of Commissioners on Grievances and Discipline will send
you information concerning the filing of Financial Disclosure Statements. If you do not receive
information from the Board by that date each year, you should contact their office directly to
ensure your continued compliance with all pertinent filing requirements.
As a retired assigned judge, you are subject to the same ethical obligations of a sitting judge,
with several narrow exceptions. All questions and clarification of this important aspect of your
service as a retired assigned judge should be addressed to the Secretary to the Board of
Commissioners on Grievances and Discipline.
Staff Contact: Richard A. Dove, Secretary
Board of Commissioners on Grievances and Discipline
Telephone: 614.387.9370
E-mail:
[email protected]
Hon. Simon L. Leis, Jr.
October 22, 2012
Page 4 of6
Assignment Eligibility
Retired assigned judges must maintain specific eligibility requirements which are described in
Guidelines 1.1. and 3.2. of the Guidelines. Some key elements of those requirements are set
forth below.
Retired assigned judges must:
• Maintain their attorney registration and remain in good standing as a member of the bar
• Maintain judicial continuing legal education requirements
• Be electors of Ohio
• Refrain from maintaining a law practice
Retired assigned judges are permitted to provide services as private judges pursuant to R.C.
2701.10 and to provide private services as mediators and arbitrators.
Judicial Assignment Procedures and Compensatiol!!
Please complete the enclosed Retired Judge Information Form and return it to me at your earliest
convenience. This form will allow us to create a record of your contact information, the types of
assignments you are eligible for and interested in taking, and your willingness to travel.
For Retired Judges Assigned to Common Pleas and Appellate Courts:
Retired judges assigned to common pleas and appellate courts are compensated by the
Supreme Court. Enclosed is an exemplar of the request for compensation form that you
will be provided each time you receive an assignment. Instructions for completing the
form are printed on the back of the form.
Your time is to be reported in whole hour increments only; for partial hours, round up or
down as appropriate. See Guideline 6.2. of the Guidelines.
Your hourly pay rate is determined by dividing the total salary due a judge of the court to
which you are assigned by 250 (yielding the per diem amount). The per diem is then
divided by 8 to yield the hourly rate. For example, if you are assigned to an appellate
court in 2009 - the annual salary of $132,000 divided by 250 yields a per diem of
$528.00. The per diem divided by 8 yields an hourly rate of $66.00.
The per diem/hourly pay rates for 2012 are as follows:
•
•
Appellate assignments: $52B:.00per diem; $66.00 per hour
Conunon pleas assignments: $485.44 per diem; $60.68 per hour
Hon. Simon L. Leis, Jr.
October 22, 2012
Page 5 of6
Each year the per diem rates are revise :to reflect the salary adjustments made to the
salary of sitting judges.
For Retired Judges Assigned to Municipal and County Courts:
Retired judges assigned to municipal and county courts are compensated by the local
governmental bodies that fund the courts to which the judges are assigned. The
compensation of retired judges serving by assignment in municipal and county courts is
governed by Sup. R. 17(C).
Retired judges assigned to municipal and county courts are encouraged to confer with the
administrative judges of those courts to make sure everyone has a clear understanding of
the manner in which the retired judges will be compensated. Since you will be reporting
your time to the local governmental entity with authorization to pay you, you will need to
work with them on how they would like you to report your time.
Staff Contact: Diane Hayes, Judicial Assignment Specialist
Case Management Section
Telephone: 614.387.9415
Facsimile: 614.387.9419
E-mail:
[email protected]
Judicial Liability Insurance
As a retired assigned judge, you will be covered (as you were as a sitting judge) by the terms,
conditions and coverage limits ofthe state's judicial liability insurance policy in place at the time
a claim is made. If you have any questions regarding professional liability insurance, including
the procedures for making claims, please contact the Supreme Court's Assistant Administrative
Director.
Staff Contact: Allan Asbury, Administrative Counsel
Supreme Court of Ohio
Telephone: 614.387.9514
Evmail:
[email protected]
Reimbursement of Travel Expenses
For Retired Judges Assigned to Appellate Courts:
Your travel expenses are reimbursable by the Supreme Court pursuant to the Supreme
Court Guidelines for Travel by Appellate Judges. See Guideline 6.1. of the Guidelines.
For Retired Judges Assigned to Common Pleas Courts, Municipal and County Courts:
Hon. Simon L. Leis, Jr.
October 22,2012
Page 6 of6
Your travel expenses are reimbursable by the applicable county or municipal funding
authority and governed by policies adopted by that funding authority. See Guideline 6.1.
of the Guidelines.
Staff Contact: Sharon Nessler, Fiscal Specialist
Office of Fiscal and Management Resources
Telephone: 614.387.9490
E-mail:
[email protected]
I have supplied the direct dial telephone number of all staff contacts; however, any Supreme
Court employee can be reached through the court's general number at 614.387.9000. If you have
any questions concerning these matters and cannot reach the identified staff contact person,
please do not hesitate to contact me and I will be glad to help you in any way I can.
Welcome aboard as a retired assigned judge.
Sincerely yours,
~.1~
Diane E. Hayes
Judicial Assignment Specialist
Enclosures
COURT
OF COMMON
HAMILTON
COUNTY,
PLEAS
OHIO
XS90S01S
Simon L. Leis, .J r., Sheriff
Case No.
Hamilton County, Ohio
Hamilton County Justice Center
1000 Sycamore
Cincinnati,
Street
Ohio 45202
Judge:
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PI~jntifr,
v.
Democratic
Nations!
c/o Chairman
Committee
DAMAGES
Joe Andrew
430 South Capitol Street S.E,
Washington,
COMPLAfNT
DoC. 20003
BHEACH
FOR MONEY
BASED UPON
OF CONTRACT
WITH JURY DEMAND
ENDORSED
HEREON
and
United States Secret Service
c/o Chief Counsel
John Kelleher,
Esq.
1800 G. Street, NoW.
Washington,
DoC. 20223·
Defcndanrs.
I NATURE OF THE ACTION
I. This is an action for money damages based upon a breach of a quasi-contract.
The quasi-contract stems from duties, responsibilities and benefits conferred by the
Hamilton County Sheriffs
Office on July 23, 1999, upon the Democratic National
Committee and the Secret Service.
Hamilton County, Ohio is responsible for the safety and welfare of
the citizens ofHarnilton County pursuant to R.C. 31107. Whereas, the Secret Service of
the United States of America is responsible for the safety of the President of the United
States. The Sheriff performed law enforcement services for the Secret Service on or about
July 23, 1999. However, the parties did not have an expressed or written contract for law
enforcement
services. By request of the Secret Service the Sheriff provided extra men,
equipment and security when the President visited Cincinnati on behalf of the Democratic
The Sheriff
National
allowed
of
Committee
Service
National
Committee.
Sheriffs
services
a fundraiser
fundraiser.
for a political
the Secret
to
The services
The Democratic
National
by the Sheriff
Committee in turn benefited from the
because it was able to bring the President
on behalf
provided
carry out their duties as requested by the Democratic
of the Democratic
National
to Hamilton
County,
Ohio for
Committee
IJPARTIES
2. On or
about July 23, 1999, Simon L. Leis, Jr. was "Sheriff'
County, Ohio and performed
3. Defendant
Secret Service
for President
National
William
Hamilton
duties upon request of the Secret
law enforcement
Democratic
of
Committee
Jefferson
"DNC"
Clinton
Service
with the
made arrangements
to appear
in Hamilton
County,
Ohio, on or about July 23, 1999.
4. Defendant Secret Service relied on, advised, and recruited
for law enforcement
services
to protect
the President
the Sheriffs
Office
on or about July 23,1999.
III FACTS
5. Plaintiff
rewritten
repeats
and realleges
each of the foregoing
allegations
as though
fully
herein.
6. Defendant
DNC planned,
arranged
and promoted
President to visit the horne of Mr. Stem Chesley
Ohio.
2
located
a fundraising
in Cincinnati,
event for the
Hamilton
County,
7. Defendant
contributed
DNC worked
of Amberley
the second
Village
Amberley
week of July, the Sheriffs
Police Department
visit to Mr. Chesley's
residence.
requesting
Office
and
was contacted
manpower
by Lt. Petry
for a Presidential
assistance
At that time, seven Deputies
were assigned
to assist
Village.
9. On July 20, 1999, Captain
contacted
the Sheriffs
agencies
and the Secret
Office
Cindy Johns of the Cincinnati
with advice
Service
10 At the meeting,
Reagan
Office
1J.
that there had been a meeting
to plan the motorcade
route, and "they"
the Sheriff s attendance,
without
music festival was being heJd downtown,
and Ronald
Police
Department
with police
had forgotten
to
Office
notify the Sheriffs
Sheriffs
on the fundraiser
to the event.
time and money
8. During
with Mr. Stan Chesley
Highway.
the motorcade
The largest portion
it was determined
that since a
route would be via Interstate
of this route is in Hamilton
275
County
territory.
A second
and was attended
meeting
was set for July 21, 1999. at the Sheriffs
by all the Ohio and Indiana
agencies
Patrol
Academy,
in the motorcade
involved
route and
agents of the Secret Service.
12. During the meeting
made by the Secret
Service
of July 21, 1999, the route was discussed
that all ramps, overpasses,
underpasses
and a request
and crossovers
was
on the
route be secured.
13. In order for the Sheriff to comply
One, Two and Five were assigned
hours, and bringing
be available
the
"e" shift
to twelve
and two motorcycles
l
Therefore,
request,
Districts
the "A" shift over four
the entire "B" shift could
for the motorcade.
a Secret Service
Corporal
hour shift s, holding
in four hours early.
14. At the July 21, 1999, meeting,
helicopter
with the Secret Services'
be available
agent also requested
eil and Patrol Officer
defendant
Secret Service
for the motorcade.
that the Bomb Squad stand
Statzer
were assigned.
also requested
Further,
on
the
July 22, 1999,
by during the visit;
15. On Friday night, July 23. 1999. President. Clinton came to Cincinnati
fundraiser
dinner held at the home of Stan Chesley and for the benefit
16. Approximately
listen to the President
for a
of the DNC.
50 guests paid $ I0,000 per plate to attend the fundraiser
and
talk about politics.
17, The DNe arranged for the President to come to Cincinnati for the sole purpose
of raising money for the ONe.
18
raised for the ONe is used to benefit
The money specifically
parties and organizations
within
J9. On July 23, 1999, Air Force One landed approximately
Cargo terminal
at the Greater
Cincinnati
20, Many Democratic
his arrival at the Greater
motorcade
County by traveling
Chesley's
23
downtown
Interstate
Northern
the President
to Mr. Stan Chesley's
22. Bypassing
Northern
Kentucky
7:2! PM. at the DBL
Airport.
International
dignitaries and local politicians greeted the President
Cincinnati
21, From the airport,
candidates,
the DNC,
residence
Kentucky
International
left in a limousine
Cincinnati,
the motorcade
275 and then along Ronald
Airport.
for a twenty-five
located in Arnberley
upon
car
Village.
proceeded
through
Reagan Highway
Hamilton
to Mr.
home.
After the dinner and accolades,
way he came and flew out of Cincinnati
the President
returned to the airport the same
on Air Force One
The President
Jeft Cincinnati
about 11 :32 P.M. for another fund raising event in Aspen, Colorado.
24. As a direct and proximate
result of the DNCs request, the Sheriff paid
overtime cost from his county budget. which ultimately
Hamilton
is paid for by the taxpayers
of
County, Ohio.
25. On or about July 23. 1999, when the President
and Secret Service performed
Jaw enforcement
visited Cincinnati,
duties in conjunction
the Sheriff
with one another.
26. Both the Secret Service and the DNC were aware of the manpower
accommodate
the security
fund- raiser.
request of the Secret Service that in-turn benefited
Due to the Secret Service's
were incurred.
(See "Exhibit
A", attached
needed to
the DNC's
request on behalf of the DNe, overtime
charges
bereto.)
27. On or about August 2, (999, the Sheriff sent the DNC a notice and demand
of the overtime
payment
28
declined
costs incurred in connection
payment
to the Sheriff
s Office for overtime,
that "the DNC is fully responsible
transportation,
in accordance
with the ONC's fundraiser
5, 1999, the DNe, through
On or about August
legal counsel,
respectfully
but did state in a written response
for paying to the U.S government
the costs of
an
costs associated
with government
for
rules, as well as
with
and putting on a DNC event".
advancing
29. On or about August 5, 1999, through legal counsel, the ONe did admit there
are different
classifications
for the President's
travel: official,
30. On or about July 23,1999, the President
visiting in Cincinnati, Hamilton County, Ohio
political
performed
and personal.
no official duties while
3 l . The DNC has an obligation under quasi-contract law to reimburse the
Hamilton
County
Sheriffs
Hamilton
County
taxpayers.
32. Pursuant
Standards
Office for overtime
to the labor contract
with the Fraternal
Act, and Ohio law, the Sheriff is obligated
hours worked
services
exclusively
Order of Police,
to pay employees
in excess of forty hours in a seven calendar
33. The DNe requested
security
costs incurred by the Sheriff and the
overtime
for those
day period.
the Secret Service to organize
for the DNes fundraiser
the Fair Labor
local law enforcement
event.
IV. FIRST CLAIM FOR R£.L1 EF
(Breach of Quasi-Contract)
34. Plaintiff
rewritten
herein.
repeats and realleges
each of the foregoing
allegations
as though
ful1y
35. Under Ohio law, the following
the benefit
conferred
by
11
plaintiff
upon defendants;
of the benefit by the defendants
retention
three elements
from
comprise
a quasi-contract:
(2) knowledge
tt e plaintiffs
(1)
by the defendants;
(3)
work that would result in
inequity and injustice.
a benefit upon the DNe and the Secret Service
36. The Sheriff conferred
assigned
deputies
fundraiser
to work overtime
organized
for the security
of the President
who was attending
President's
the Sheriff to provide
visit
to
38. Neither
a
by the DNC.
37. The DNC and Secret Service were aware of this benefit because
requested
when he
additional
equipment
and deputies
they joi ntly
as security
for the
Cincinnati.
the
DNe: nor the Secret Service had a written or
with the Sheriff that he would supply extra equipment
and deputies
expressed
contract
for security
of the
President.
39. The DNC's and the Secret Service's
Sheriff, and consequently
services
Hamilton
and use of equipment
breach of the quasi-contract
County taxpayers,
in the amount
to sustain damages
has caused the
for overtime
of ~;8,490.34
V. SECOND CLAll"l FOg RELIEF
(Unjust
40. Plaintiff
rewritten
repeats
and realleges
Enrichment)
each c,f the foregoing
allegations
as though
fully
herein.
41. The Secret Service,
for the President
by assigning
through
Deputies
42. The DNC and the Secret
when it failed to reimburse
equipment
and security
the DNC, requested
to work in an overtime
Service
lhe plaintiff
breached
the Sheriff to provide
security
status.
its duty under the quasi-contract
for its costs incurred
in providing
overtime
duty,
43. As a direct and proximate consequence of the quasi-contract,
the ONe and
Secret Service received benefits to which the Sheriff has sustained damages in the amount
of$8,490.34
on the basis of unjust enrichment.
44. DNC breached its duty under the quasi-contract
by ignoring and disregarding
the fairness and equity of receiving its benefits at the taxpayers'
45. By virtue of the Sheriffs
expense.
services for overtime, the DNe and Secret Service
have unlawfully retained the benefits, i.e., security cost including overtime, which amount
belongs to the Plaintiff s budget and taxpayers of Hamilton County. Ohio
VI. THIRD CLAIM FOR RELIEF
(Accounting)
46. Plaintiff repeats and re-alleges each of the foregoing allegations as though fully
rewritten herein
47. By virtue ofDNC's
breach of fiduciary duty as described above, Plaintiffis
entitled to a formal accounting of the affairs of the DNe at the fundraiser of July 23, 1999.
48. As part of the formal accounting, 'he DNC is obligated to account for all
money unjustly withheld from the Plaintiffby
refusing to pay overtime and equipment cost
for such sums in the amount of$8,490.34.
WHEREFORE,
Plaintiff
demands judgment against DNC and Secret Service on
all of its claims; attorney fees; the cost incurred herein; on' ,egunting, and any oth
at Jawor equity the court finds is just and appropriate her-·n.
,i'
7
relief
;;;:;41;~0
Gail Wright, Esq.
Attorney Registration #0066957
Hamilton County Justice Center
1000 Sycamore Street, Room] 10
Cincinnati, Ohio 45202
DDN: (513) 946-6400
FAX: (513) 946-6402
cJjJu;u(~
F. David Albanese, Esq.
Attorney Registration #0032857
Hamilton County Justice Center
1000 Sycamore Street, Room 120
Cincinnati, Ohio 45202
DDN: (513) 946-6611
FAX: (513) 946-6402
JURY DEMAI'TD
PRAECIPE TO THE CLERK
Please cause service of Summons and Complaint upon the Defendants Democratic
National Committee and U.S Secret Service through the proper agent at the address
in the caption of the Complaint.
')
listed
PRESIDENTIAL DETAIL OVERTIME
Veh. #
SUPPORT SERVICES
Cpl. Schnitker
4 hrs.
423 mc
TRAFFIC SAFETY
Sgt. Hendrick
Cpl. Neil
2 hrs.
10 hrs.
140
409 bomb
ADMINISTRATION
Capt. Nielsen
2 hrs.
410
DlSTRICT ONE
Sgt. Luke
2 hrs.
Cpl. Bise
4 hrs.
2 hrs.
PC Bley
PC Stapleton
2 hrs.
PO Buchholz
4 hrs.
PC Cable
10 hrs.
PO Felker
4 hrs.
PO Hicks
5.5 hrs.
PO Holton
4 hrs.
PO Hopewell
4 hrs.
PO Kisling
4 hrs.
4 hrs.
PO M. Linder
4 hrs.
PO Mullins
,2hrs.
PC Naber
PO Peak
4 hrs.
PO Raker
2 hrs
PO Rabanus
2 hrs.
PC Reinert
2 hrs.
PO Richter
:2 hrs.
Cpl. Riddell
4 hrs.
PC J. Sabers
2 hrs.
Cpl. Schooley
3 hrs.
Sgt. Schoonover 4 hrs.
PO Statzer
10 hrs.
041
143
none
none
024
none
144
054
017
002
034
141
004
none
051
006
020
none
049
009
none
424 mc
053
none
DISTRICT TWO
PO Rosing
PO Maley
Cpl. Caskey
PO Crock
PO Kiley
PO Swearingen
PO S. Sabers
PO Brannen
4hrs.
4 hrs.
4 hrs.
.5 hrs.
.5 hrs.
4 hrs.
4 hrs.
4 hrs.
047
039
023
056
016
068
023
014
EXHIBJ[T
\\Oil
-Ll-
PAGE TWO PRESIDENTIAL
DISTRICT
DE'I'AIL OVERTIME
THREE
PO Dick
PO Bender
PO McCarthy
3 hrs.
1 hr.
.S hr.
146
036
145
DISTRICT FIVE
PO
PO
PO
PO
PO
PO
PO
PO
Carney
4 hrs.
Carter
.5 hr.
Dean
4 hrs.
4 hrs.
Glaser
4 hrs.
Gutman
Heidemann
4 hrs.
Minnich 1.5 hrs.
Woltermarm
.5 hr
042
011
063
052
040
086
033
003
40 Vehicles
(one bomb truck, two motorcycles,
thirty-seven
patrol cars) @ lS.OO/hr,
160.5 hrs, total 2407.50
UDSICPForm #15
Hamilton County Common Pleas Court
HAMILTON COUNTY, OHIO
REQUEST AND INSTRUCTIONS FOR ORDINARY MAll SERVICE
INSTRUCTIONS TO CLERK
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IF SERVICE OF PROCESS BY CERTIFIED MAIL IS RETURNED BY THE POSTAL AUTHORITIES
WITH AN ENDORSEMENT OF "REFUSED" OR "UNCLAIMED" AND IF THE CERTIFICATE OF
MAILING CAN BE DEEMED COMPLETE NOT LESS THAN FIVE (5) DAYS BEFORE ANY
SCHEDULED HEARING, THE UNDERSIGNED WAIVES NOTICE OF THE FAILURE OF SERVICE
BY THE CLERK AND REQUESTS ORDINARY MAIL SERVICE IN ACCORDANCE WITH CIVIL
RULE 4.6 (C) or (D) AND CIVIL RULE 4.6 (E).
S'VYlDr\
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ATTORNEY OF RECORD (Type or Print)
DATE:
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ATTORNEY·SSIGNATURE.
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( , ) Appeal Liquor -F640
( '. ) Appeal
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( ) Accoun:ting -H720
( .) Beyond Jurisdiction - H730 .
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( ) ChC:mg,e of Venue - H760
( .) Class Action- H770
( ) Convey Declared Void -H780
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( ) Discharge Mechanics Lien - H80q .
. ( .) Dissolve Partnership -.H810
( ) Habeas Corpus - H830
( ) InJl.mction ~H840
.( ) Mandamus •.H850
( ) ()nAccourit - H860
( .: ) Partition - H870
( ) Quiet Title ~ H880
( '. } Replevin - H890
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(, ) Restraining. Order - H920
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( .) Environmental - H940 .
( ) Cognovit. H950
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DATE:8/Cl7/·
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SUPREMECOURT
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COST RlSCORO:rn
JAMES CISELL
Cler\( at the
Cou-t ot common
Pleas
COURT
os COMIVION PLEAS
HAMILTON
Simon L. Leis, Jr., Sheriff
COUNTY, OHIO
Case No. A9905015
Hamilton County, Ohio
Hamilton County Justice Center
1000 Sycamore Street
Cincinnati, Ohio 45202
Judge:
Plaintiff,
v.
Democratic National Committee
NOTICE OF DISl\llSSAL
clo Chairman
WITHOUT
Joe Andrew
430 South Capitol Street S.K
Washington, D.C. 20003
PREJUDICE
AND WITHOUT COURT
ORDER
and
United States Secret Service
clo Chief Counsel
John Kelleher, Esq.
1800 G. Street, N.W.
Washington,
D.C. 20223
Defendants.
The Plaintiff, Simon L. Leis, Jr., Sheriff, hereby voluntarily dismisses this cause
of action without prejudice and before answers have been filed by the defendants
Democratic National Committee and the United States Secret Service. Further, this
dismissal is without order of the court pursuant to Ohio Civil Rule 41(A).
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SIMON
L S, JR., SHERIFF. . /
Hamilton County, Ohio
Hamilton County Justice Cent r
1000 Sycamore Street, Room 110
Cincinnati, Ohio 45202
(513) 946-6400
Of Co un
1:
il Wright, Esq.
Attorney Registration
066957
Hamilton County Justice Center
1000 Sycamore Street, Room 110
Cincinnati, Ohio 45202
DDN: (513) 946-6400
FAX: (513) 946-6402
F. David Albanese, Esq.
Attorney Registration #0032857
Hamilton County Justice Center
1000 Sycamore Street, Room 120
Cincinnati, Ohio 45202
DDN: (513) 946-6611
FAX: (513) 946-6402
CERTIFICATE
OF SERVICE
IN THE COURT OF COMMON PLEAS
FOR HAMILTON COUNTY, OHIO
SIMON L. LEIS, JR., Sheriff,
Plaintiff,
Case No. A9905015
vs.
DEMOCRATIC NATIONAL COMMITTEE
and
UNITED STATES SECRET SERVICE,
Defendants.
MOTION OF HAMILTON COUNTY PROSECUTING ATTORNEY
FOR LEAVE TO INTERVENE AS PARTY DEFENDANT
AND TO DISMISS THE COMPLAINT
/
The Prosecuting Attorney hereby moves for leave to intervene as a party defendant for
the purpose of enforcing Ohio Rev. Code §§ 309.09, 305.14, and 4705.01. The grounds for this
motion are more particularly
·c....
set forth in the accompanying Memorandum.
MICHAEL K. ALLEN, PROSECUTING
ATTORNEY
v~ .:»
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230 East Ninth Street
Suite 4000
Cincinnati, Ohio 45202
(513) 946-3000
MEMORANDUM
This action was filed by the Sheriff of Hamilton County to recover the expenses incurred
by his office as a result of a political fund-raising visit by President Clinton.
facial appeal-
The argument has
we are sympathetic to the notion that local taxpayers should not be saddled with
the expense of underwriting
every Presidential frolic. But this issue that must be addressed by
Congress, not by the courts. Local law enforcement has an obligation to protect the President
and maintain order while he is in the community, regardless of whether the costs are reimbursed.
It is, however, unnecessary for the
to address the merits.
COUli
his authority when he filed the lawsuit, and it must be dismissed.
The complaint is signed by the
Sheriff, together with two members of his staff listed as "of counseL
prohibited from filing lawsuits.
The Sheriff overstepped
II
The Sheriff is statutorily
"No sheriff ... shall practice as an attorney at law in any court
of this state .... " Ohio Rev. Code § 4705.01.
"The practice of law includes the conduct of
litigation and those activities which are incidental to appearances in court." Akron Bar Assoc. v.
Greene, 77 Ohio St. 3d 279,280 (1997).
Even if the Sheriffwere
permitted to practice law, he is not permitted to file actions on
behalf of his own or any other office within Hamilton County, nor is he authorized to employ
others to do so. The Sheriff's office is to be represented in all legal matters by the Prosecuting
Attorney. Ohio Rev. Code § 309.09(A) provides:
The prosecuting attorney shall be the legal advisor to the board of
county commissioners, board of elections, and all other county
offices and boards. . .. He shall prosecute and defend all suits and
actions which any such officer or board directs or to which it is a
party, and no county officer may employ any other counselor
attorney at the expense of the county, except as provided in section
305.14 a/the Revised Code.
(Emphasis added.) Thus a county officer may not prosecute or defend an action other than
through the Prosecuting Attorney, unless the special procedures in Ohio Rev. Code § 305.14
have been followed.
See, e.g., 1996 Ohio Atty. Gen. Op. 96-054 ("A county treasurer may not
retain the services of a private attorney to collect delinquent real estate taxes. ")
The procedure for retention of other counsel outlined in Ohio Rev. Code § 305.14
requires a j oint application to the Court of Common Pleas by both the Board of County
Commissioners
and the Prosecuting Attorney.
appointment.
No application for appointment of counsel has been requested by the Sheriff.
J
The Court of Common Pleas must approve the
This lawsuit has been tiled by lawyers (including the Sheriff himself) who are statutorily
precluded from representing
the office of Sheriff in a court of law. The filing is improper, should
be stricken, and this action should be dismissed.
See Union Savings Assoc. v. Home Owners Aid,
Inc., 23 Ohio St. 2d 60 (1970) (dismissing petition filed by non-lawyer on behalf of corporation);
Williams v. Global Constr. Co. Lid, 26 Ohio App. 3d 119 (Franklin County 1985) (dismissing
action filed pro se by trustee on behalf of trust).
The coordination
of legal services through the Prosecuting Attorney serves a number of
Chaos would result if each county office were
purposes - consistency, efficiency, economy.
authorized to employ separate counsel to pursue individual agendas.
In addition to the cost of
"The Court may make the appointment without a joint application if the Prosecuting
Attorney is unable to act because of a conflict of interest. State ex rei. Corrigan v. Seminatore,
66 Ohio St. 2d 459 (I 981) (prosecuting attorney filed action on behalf of state against county
agency, then refused to join in application for appointment of counsel to represent the agency).
The Hamilton County Prosecuting Attorney does not represent either of the defendants in this
action, hence there is no conflict of interest. Thus the Court could not make the appointment in
the absence of a joint application.
--
..•
.J --
duplicating services, the county would find it impossible to develop a consistent position on the
myriad legal issues that confront elected and appointed officers on a daily basis. The likelihood
of inter-office conflicts would rise dramatically, as would the attendant disruption and expense of
conflicting policies. The requirements of the Revised Code are based upon sound public policy.
Regardless of the Sheriffs motives, he has exceeded his authority. His action is ultra
vires and cannot properly bind the County. The complaint should be dismissed.
Respectfully submitted,
MICHAEL K. ALLEN, PROSECUTING
ATTORNEY
230 East Ninth Street
Suite 4000
Cincinnati, Ohio 45202
(513) 946-3000
CERTIFICATE
OF SERVICE
The undersigned hereby certifies that a copy of this Motion and Memorandum has been
served by ordinary U.S. Mail upon the Simon L. Leis, Jr., Sheriff, the Democratic National
Committee, and the United States Secret Service, this l~day of
-- 4 --
S~ ~
, 1999.
rr·
~ i'
.
.)
'F' l:o....t
;r
'..
.•.J'
.
'
,.
3. ARTICLE ADDRESSED TO:
08-30-99
A 9905015 DiP
14a.
i
ARTICLE NUMBER
7. DATE OF DELIVERY
000 520 322
DEMOCRATIC NATIONAL OMMITTEE
% CHAIRMAN JOE ANDRE'
430 SOUTH CAPITOL ST~~~~~~~~
WASHINGTON DC 20003
--_
~----------------------------------------~--------------------
.•.........
_ ...•..
HlillILTON COUNTY CLERK OF COURTS
CASE
COST
STATEMENT
CASE NUMBER = A 9905015
1111111111111111111111111111111111111111111111111111111
Page 1
C11SR5018
D56938155
CASE NillIBER : A 9905015
SIMm~ L LEIS JR va,
PILUlG
: H742
DEMOCRATIC NATIONAL CmlMI
11/18/2003
FILING DATE
08/27/1999
ASSIGN DATE
11/10/2003
BREACH OF CONTRACT- OC- TAXED
CURRENT JUDGE
PREVIOUS JUDGE
C=:
LAST ACTIVITY DATE
DISPOSITION:
227
146
H
ETHNA ~ COOPER
.ANNAARIE TRACEY
DI~ISS.A.L
IlliGE:
1>JOTE
DATE: 09/02/1999
COST APPL DATE :
APPLIED COSTS: $ 91.00
LAST ElL LING DATE
DEPOSIT 110TION FLAG
PARTY
S T.A.
TUS DAIE
PARTY
NBR
A 08/27/1999
D-1
A 08/27/1999
D-2
A 08/27/1999
P-1
N
REFERENCE
PARTY ~TlillE
ADDRESS
DEHOCRATIC NATIONAL CillllUTTEE
% CH.HRl1.ANJO E ANDRElJ
430 SOUTH CAPITOL STREET S E
lIlASHrnGTON DC 20003
UNITED STATES SECRET SERVICE
% CHIEF COUNSEL JOHN KELLEHER
1800 G STREET N ~
lIlASHINGTOO DC 20223
SIMOO L LEIS JR SHERIFF
HlillILTON COUNTY JUS TIC CENTER
1000 SYCAl10RE STREET
CINCINNATI OH 45202
ATTORNEY
NER
15356
ATTORNEY NmE
ADDRESS
SIl100 LATiJRENC
E LEIS
420 HAMILTOO COUNTY COURT BOUS
CINCINNATI OH 45202
HAIlILTON COUNTYCLERK OF COORTS
CASE
COST
STATEIIENT
CASE NUliBER = A 9905015
Page 2
CIISR5018
DOCKET
DOC
NBR
56938155
56840153
ENTRY DOrn:
TYP
CODE
C
ENTRY
DATE
SUC2 11/18/2003
245
11/10/2003
56840152
246
11/10/2003
36371821
JPR
09/07/1999
36320443
D
FD
09/02/1999
36321383
D
l'M
09/01/1999
245
09/01/1999
36307695
IMAGE
NUMBER
36285897
36285898
D
D
MAlA 08/30/1999
SUID. 08/30/1999
36278621
D
SUID. 08/30/1999
36278620
36275371
36275370
36275369
36275367
36275366
36275365
36275364
36275363
36275362
D
D
D
D
D
D
D
D
D
P
~.IA 08/30/1999
cmiP 08/27/1999
POST 08/27/1999
LAAT 08/27/1999
FCF 08/27/1999
CLRT 08/27/1999
CLKA 08/27/1999
CCAT 08/27/1999
C
08/27/1999
TICF 08/27/1999
ENTRIES
DOCKETDESCRIPTION/
DOCKET C0Il11ENT
AIIOUNT APPLIED
UNCOLLECTEDCOSTS
JUDGE ASSIGNED
CASE ASSIGNED TO COOPER/E~,/
11 PRIMARY
JUDGE REASSIGNED
CASE TRANSFERREDFRill1 TRACEY/A
NN/MARIE P Rn1ARY
POSTAL RECEIPT RETUPl~ED,
COPY OF SInmONS AND COMPLAIDT
DELIVERED TO
DrnOCRATIC NATIONAL COMlUTTEE
ON 09/02/99,
FILED
NOTICE OF DISIUSSAL
~ITHOUT PREJUDICE
AND ~ITHmJT COORT ORDER
110TION
OF HAIIILTON COUNTY
PROSECUTIDG ATTORNEY
FOR LEAVE TO IDTERVENE
AS PARTY DEFENDANT
AND TO DISIIISS THE C0I1PLAIDT
JUDGE ASSIGNED
CASE ROLLED TO TRACEY/ANN/MARI
E PRIMARY
CERTIFIED HAIL SERVICE
SUI1I10NSISSUED BY
CERTIFIED HAIL TO
UNITED STATES SECRET SERVICE
SUI1I10NSISSUED BY
CERTIFIED HAIL TO
DrnOCRATIC NATIONAL CmmITTEE
CERTIFIED HAIL SERVICE
COMPLAillT F!LED
POSTAGE: COST DESK
O.R.C. SECTION 2303.201
CLASSIFICATION FORII FILED.
Cill1PUTER LEGAL RESEARCH
CLERK FEE FOR EACH CAUSE
COUFT AUTQF.L'TION
COOFT lliDEX: TAXED ill COST
TAXED ill COSTS - FILillG
SlllON LA~IlENCE LEIS
**CASE BALANCE****
CASE BALANCE **** CASE BALANCE ** ===>
Total Deposits
Total Costs
Total Credits
Total l10ney Out
Unapplied Deposits
Th"Japplied Costs
Account
Account Name
2000-0132
2000-0211
2000-0278
2000-0279
2000-0752
2000-0804
8002-0001
COOFT lliDEX
CLERK FEES
Cill1PUTEFIZED LEGAL RESEARCH
COURTAUTaHATION
POSTAGE
O.R.C. SECTION 2303.201
UNCOLLECTEDCOSTS - COUNTY
0.00
91.00
91.00
0.00
-91.00
Y
3.00
Y
4.00
Y
5.00
4.00
Y
Y
4.00
Y
5.00
1.00
2.00
15.00
0.00
3.00
25.00
6.00
14.00
0.00
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
0.00
CR
0.00
0.00
Amount:
14.00
41.00
3.00
6.00
12.00
15.00
91.00
0.00
Applied Amount:
H.OO
eR
41.00
3.00
6.00
12.00
15.00
91.00
0.00
ca
EXHIBIT
D
1~, THE CWC1j\fNAUEN'ciulR.Ek
,.CO~GHi
•••.•.;:i.
WEDNESDAY.
,
.
SEPTRMBER1,
~
1999
,Q:;t
..
r
iffh•.
,.
':1;;~'1: ' .. ,:;
.~n··
n
se
-'
c
uto
<r'~
.£;clJ~.~ '. ,:;1), .' .• ~llel~ill.,.;.·rOA~*:'
aw
..•.•
H
r·fNSIDE
.,
.ALL14~HThRESERVED
"'
l
.
;;:
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,_
o:.e;..;..',
' .•~
.
v_
--;...,~-:r---.,'_
-'
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_.
_
'l
Proseciifor
'Mike'1\Jlen' argues prosecutor's office, Qhich is the home.ofat" o! his conten- .~.~ycourt," t~e JaW;s~tes. "
,
that state'statutesPIohibit,
.suppq~d t~ rePfesent'a:U,-OlJ9' torney Stanley
tion that the, .'. Mr. Allen'said ,ine~f~rre-"-"
Sh'eriffki$ or !!!lyothercOlll!ty J,y officials tn'legal,matters-. ,i Chesley,.was a
.sh.erlff acted 'quiEes"all regal;rnatt.er~'to go'
~hetif(i!l,.,O~{frorn~PJ;~ctidng ,~"rh.e.c~urts ca~'t· ku~ed
political e~~llt
,. imp r 0p e,d y<,tht!lUglitljepro~cuto~'s.office
"i .
Jaw,.
.;,:2.,;.'
c' / ",' !25'.E?Jlti9~,stUiJt?,,,,Mg,.~he!l"tPat, should not."w
h-e n .' "'hle;£o,ll~vent,c?u.nwoffi,pals ,ttOlli'
"barn.dlsappomted that the ·sa!d.:,
. '(#,.}
be. bllt~d to
/signed -,"hli!-llur,swoHhelr.own ~rsonaJof4,
cl)iefl~Y:';eDforc~!lierifofficefil,l, ;, .Tht!!e:week$.ago~~~;slieri.tt,ta~aayers,;
;,,;;fIiI,nl'e
~tb'~:Pfltltic~;;rg~nillis'!... '> :i.:i5'~>
..... '. ~d, ..
.~1I)W:cd9ntY!h~~');p!jttlere~a(<I.
;a~ke~fota Oleet,tng,tad\scuss,a',?'l'he:~ro~e-, "
:Sll,It:
' :.;v;:i:.H~;sajdhe,s~mpflVl¥;~fh.:
anrlH()W)\JtD;WtLKINSON .(of thel(i:r;'~;;Mp:,~lIen~3~dpo!!slble .Iawsul~;.agaJOst.;~~ecutor sa!~.:he,
.'
I,n,
,.th.~ '!he;.sheriffs fIOSl.tion
••on}h~ r~
~
'fhe'CintimJ,atiE;Q'uirer'
. Tuesday.J'\\!as.:,stunped"and
D~m,ocratlc Nat,i~J;lJlI Colfll!ut- wouldge~ bac~ -. ..'"
':; "
.'
three-page
imbursementof expenses,..
' ..'J:::\ •.q.,.
,"',
shockedby thesheer.arrogance- tee and~he tI.~.'S!!cretS~rVlce, to the sh~rili,ry1lkeAllen, .....S'~on Leis
{Ilemo~aJldurn.. he'could';rilOl find. anf legal'
The ••a;ul.toll C~untyp~ose- of his a<;tio!1s:;L;"'.. ; ,;,
SheriffLeis-wanted t(}sue to said sheriff's ~~kesman Steve tMtthew.i11file today in Com-. groundstofilea la.wsuit~ ,
cutor says'SI}:enff.SlmonL.
Leis
The legal opinion,which.Mr. -recover tlie $8,400 his' office Barnett "He fad,edto dp'so, ~o mon :P-IeasCourt. Mr. Allen :M Allensaid he wouldhave"
broke the.....
J.ii'Y last week when Allen Intends to fiie':today spent to providersecurity forvthesheriff took-it uponhimself cites a -state law-that. he says""c'f !: aSh 'ff Lei onlis de:. ,.
he-sued,tl\e':D~m6traticNation- seeks'the 1awsoiCsdfs;;;is~1.." Pr~sid.entC~inton'sfund-raising to iil~ th~lawsui!." , . '
clearly forbids the sheriff fro~ 2ts%:~his"!~k if ihe sheriff
ai Commlt~!!E!~
to .r~c?yer .e~It states that' the' shenff VISItto Cincinnation July ,23. , He .said 5ihenff Leis.would takingsuch action.
."
c:
. pen.ses'fr()llrapre~ldentlalVISIt, "overstepped his.authority'YbeThe sheriff said the> no~ comment on tlie proseciic • "~o s~~i!! or coroner shall
(Pteasesee SUll',
_ ....
~ a. blist:~ng,.legai opinion. cause he circuni~ented the fund-raiser. ~hicli took-placeat to: s opposiuon to the lawsuit practiceas an attorney at law In
·Page AlO:)
Leis-can't
says..
; .",\; t: ......
>·'
Y'M
C
ootr.
";';
B~park comolet,
dOcimients
S~W
"
,,:~.
DocnmentsobtainedbyThe
E"quWPOUltto thecomplexity and cost ofbuiJdinga new
ball~adjicent to an exisling
:";"'_~'.....
.&.L~;..~ "'.L•.•...•
'
or
.•••••.•• :
_,
,,$ui(;, Sh0l'ifr.S1facti0nsiUegal;-l~P0se6ut~rsays in legalopinion
, ,,'glider
the,la:V,)1r. Allen
,~'
said,oi11y
m~m()r~ndumurging
its
security.
"lirte'of disagr:e«\l1~nts between Mr.J:.eis,
. "(She,riff Leis) m~de i~,plainhe I~Sjust and coimty Qrosecutors.
,,"
bands on F(iday.
j~r:'CoUllty officials: H~ _'SaIdShenff Leis,'] The judge \yill decide whe~er -to-pro- doing 'this for pOlitl~ purposes, ¥.or,
The Shena. and former ProSeCutor
.;,"fle filecfjhis)awsuit Without even. a ,fonner countyp~cutor,
sbou1~.,cee9.WlIh t\~e,;SUIt or t~OW~ll 9ut. ,
Bu,;ke said, "
' ,'Joseph
Deters ~lash~drepeatedll' before
. rile courteS}'i 6f; a': phone'i1~all tomy,:~(lW
better.
,.,"'> ..... '..
,;;:ii2':/<:: Th~,oell),99Jiatlc"NationaIColTInllttee
.M,r:Burke s ,~epubb~an Cpllllterpa\t.<Mr.' Deters be~m-t~te t({6~ie[iii?ti"
()ffiM:'"Mjt;~llen'Sald:"rYead:-:ab6ur ~":'i~Whenrye .wasPr.o~aJt9r; he.m~de''''''c9uldnoE.be,re~thed fOfCOrnmel)t..:but !:LC,·IBuck" NI~hoff -. $ald he.has not.
'M' AI
.~'
·-~~';::'·:'"i·"" I
!t in.th~;'ne\,Vspa.~i.'f:
", ,
,
It ~el)lidear tha~ ?rJy the ~rosec.~tlpg)ocalIYtl!1-Y of~cials',~~lcol1)edtteeffort spoken. t9 Sheriff Le19 o~.. Mr. Allen,
r,. len ~l~.h~,tand,.tbe sh~tjff?a
r.~ tHe. ~i¢~j;i~ ,Lel§tal~'a.c~d 'Ir1t' a,t$1~Y SM,irepr:~sentlfi\ll1ilt9!l C.O~f;iitO di?mlS;;';thce.;l?heriifs
:Iawswt.).· ~. about tl~rr legal battle.
",'
(~llpJ:V R;p;~bl}s~n,~aq an. excey~~t
W· VtQJJe,r1Y;J'hen: he rdetltifted·:twt)'. attor7 ·.. t1.·~i,~,
Allen $lIuf, "'11.
,~e\\tas.i'/
Tun Bur~ei co-chalfl!la,n, of the. COW1- '. "I'd jrst as soon staY,Oijt of It." ME'.· relationship ~n~! h~ filed the laWSUIt..,
u~s m lijs Office ~ Gail W~ghl:!and. F. outol-line when he filed"ill1s,
." ..•.. ty Democratic Party, Said It s routine for:,Ii'JIehoff said.
,..
«He doesn t seem to Ullderstandl1e'g
Jialrid
tii~fl{~lJ?~~J,
~s;;ye11as.~r.;All~P~$<·lPpWgovefrit11~~ts
to {)<lY pa;-tq( the
Th~disp~te is the'lat~i in ~"Jdtlg'
to~ger prosec~tpr:'Mi,.Allen;~~,
,:<:,::r.t'
..' ~
~,i~~~~.!i.;.
.__
~-':::i_lL.,~;'''-·f>~'oo.Ji
(;VNTI~U,~II,;fROM PAG,~'~J"
disIJiissal -
had not ~ken 'matters into his "own tb~pro'Secutor.can :;ict a~ legal ~oun~l.; wiH"Ukdy be<a$sign~d to a ju?ge,1oday.
"i·i,
i
1t~~;;""':t~~
!~~~:I~i~~~F
H';' __
cost of.presidential
'::',~n:;·
~~~'IL,
~llJelUfta ·.I·';·E()StJ~
.
,,
,,:If, {,\ .'(...
~~;';'~'v;':~
50 Cenll!
WEDNESlttAY~SEPTEMBER 1,l999
"
-Bus wre:ck'
driver',free
".
."
~ y-
•.•••
.•
-,~flis,Aller--'feud
- '1"'-8 new fight '~:
but an old story .
_~I~.·~heriJnciS'
\:;'\
strongly believes
dayexohgngmg goodbyes with
his fellow inmates.
he is doing the
By. Sharon Moloney
ta~ayers to recover thos;"~-'
, '~ahoney, 46, served a total of
right thing on
Post staff ceporter
costs," .:':
,
door-ortfiei!.4mmlstratlon
build.
1O.'y,ears;one morith-and H days
behalf of ~lC
H~milt9P'G()ttnty's hard.line'
AJor~eT cout1ty t;>rose~itor
;'.! ing of the Kentucky,Staie'Refor.
behtndbarstor
the. d~athsof 27, '~ /. taxpaycl: •.
and Common Pleas Judge, Leisat 8:44,a,m.today", > .: '
people.ab~ard,a phurchb}l~1.hat, '
.: Sheriff.s offi.cc SheJ'lff~non Lets is embroiled
",
7,>.
. '.,,>,<,',
~ollldedwlth:his"pjckup 6nMay ,
ill yet~other
feud withtl\ee.
has battledwith his su¢cessors
county'S younger Republicans:,.before9ver,what
shoull'l be.prosy..;,;:
Tii~!Wln,cdilVl~ted1.:.n
..ib~ a".",,'14., !98.8"on'tiltei-.stSt?'11W. ~s,to~
h~n's worst d.ruPk~n·dri\img.~;,
.parrollton, Mah(:mey was driving
time Leis is i~ a serious ", eC9tednhd, what sh<?w(l'be left
'cidentgot ,into;a car l;hatn,ll(],j!lst'~he,wT91~R..wa1:.,1!iS~1(){)4:~COhOI
scrap-with Hamilton County
• alone, particularty m the area of
,pul}ed up and ,drove away ,~th·
content was nearl1;three times
Prosecutor Mike Allen oyer af"';,P?rnography,
out, commentto the tnrongor
the \egallimit.
'
'1<.
lawsuit Leis filed against the
, Htssuccessorshave
generally
media Qutside,,,"
'
Mahoney claimsto hay!! no
Democratic r(~tg>nal CO.lnrnitt~·\;"··f\i.SPQ.nded that times have''.,.,
to recover $6,000 Leis spent for .
c~anged In the .past 20 years Three people - tho~ghl to be'
memory Of Ute 'erasn-;'reaF'ning of
security when President dlinton"
tln~so have some of toe laws,
~amily members - ,were inside '
1tonly after he woke up in the
, the car, a green, Toyota selian:'f;,.
hospital ~t~ his own relatively
was he.re fO.ra.Iund-raiser on Ju·
b'~'FridJiY, L.cis filed the law .
•., was stunned
. ly,;l3,
/ ~.,
,
suit
...andtng 'payment of the
Mahoney wore a white T.sliirt, .,
minor mjunes.
,
.,...' . ,*llef'ioelieves the Leis suit is
$6,000, III 10 Common Pleas
blue jeans and a ball cap with'
Ms, CZ1rT said Mahoney left a
and shocked /
a violation of Ohio law and char.
Co,;rt ~}hout nottrymg t~e Al·
'~Kentucky" In' gold lettering.
forwarding address in Carroll '
by ttIe,IDl!eI"
acterized it as "sheer' arrolen s office first.
_ State C"arrectlons D~p~ent
County, which she would ~ot dis, arrogance,"
gance," .
: .LeiS himself signed the papers
-.spokeswoman-Carol Czlrr'siild'
.close, Because he served.his sen-MikcAII{'fI'
Leis
respllded
toda
.'
flUng, the lawsuit and Allen was
Mahoney spent part of early, toPlease see MAHONEY" 7A
~
y. saying
, inturtated
that Allen has "mtertered with
'
-r
•••
the ability of Hamilton County
Please. see LI;IS,4A
"
'~~.
r
t,
n.
,
4A
•
cv
7;
th~t W.h~l1tie r~
'"
"
-..
"
\,"'The
'Siinon l.eis·,file
..
,
X~~'
to
-.-·-·";'The
.
,#,
_Er"
1
;ult; Without
even th~ cour-tW;y,or II phone-call
telll~.grpe he' h8d;dl\.C~deMofil~
:8 FrdtnP!,GelA
,~
... "., ....
".,
sUll
:'
...:
Leis
spok~l'n1an:,Steph~n
Bar.A
fonner~U,S.M'~;'lne,
1977,
he
won
il conviction
i\:tleJ{'sald'there is nol~gal
nett responded toda~ 'with a
vle~Univ~rsl~;gta.dyate a'nd'·
a9~in6(HLJstler Magazine Pubb~1S ~ot:tbe lawsUit. He said "
Writtetl,state!llent.
'
,further,that LeiS has.no rl~ht't<?
son of a Ioiamffto~nCounty- com- fisher Larry Flynt on obscenity
"Sh~riff Leis strongL~es
'
.1ile"thesult'~d
Is In'factoreak-.
mOllP!,e~s coo(tio~~e,SI".lqn charges~
..
he is doln.g..U\eright flUng art Oe-_"'itig'~Mlaw.
. ",,:
.
LelsJr. became an-asststant
' .
"
~
of
the
~ayers,".,the
state-"
..U,S.
Attorney
In
1969
'arid
the,
.
'
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•.
Lel,~
be~m!"
,8
; WOttay. Allen i'(iU file a motion
ment said.
"'Hamilton County Prosecutor in common pleas court Judge,
'&slUng·tbecourt
dismiss tbe
sh,eri!f's!compl.lifut~use
he ', , :iSheriff,Le1s ilkewlseJ~lieves
1971;"
,.
.In 1987.'Leis·left his com'that Prosecutor Mike Allen, by
~acksJwisdlct~on.
_
•
He
became
known
for
his
mon
pleas COljrt seat ~o,behis public comments, has inter.:,,:~~.a.t\.inned
and shocked
aggressive 'efforts;flghtlng PQr- come sheriff, replacing ,the refered With the ability of Hamil- ,
". bY.,tliesheer arrogance of hl!j acton County ;Faxpayers to recover
',nograpl<ly,fnCincinnati and,,fn , tiring Lincoln Stokes,
.
·.Uo.ns,"Ailenisaid;fu a legal opinthose costs tor serwices.renJon :that accompanies a motion
dered, . ~
.,'
-.~o,'9ism!ss t~e Le~ssuit. ,
.. "The shenff will simply, Wait
Alfen said thll' Ohio Revised
for the issued- to be resolved ~y
Code' "is' Vt;lzY.clear tl'i'e s!1err!n~
ac~~~ ~~~dt!Jt ma%iI,
zine sOld.
Deters sa~,d,because his staff
theapproprrate courts." .,
not permitted to practice,
.
there. c : "
attorneys might be called. to tesLeis apparently assigned his
"Jaw •., ,that the prosecuung attorDeters w~ obviously not as ; tHy, he could not defend Leis in
attorneys-to draft the lawneyis the only one who ~ ilie -. own
keen as pis mentor to.press the. ~,the.suit.',
suit. '
.a SUit-onbel)alf of the 9'5'.w1tyOf"
case, and he worked' out an
The upshot was 'the county
its electeddmctals." " .•.
dail \Vright and F, David
agreement with thebookstore
had tohire outside defense lawAlbanese are both listed on his
'>·AIJen,saldthe sherilf consult.anddismissed the charges:
yers for thousands of dollars,
suit as "Of Counsel."
ed him several weeks ago, and
The two clashed again in
"The state and county govern'laid .outhls complaint,
~895,when Leis's investigators
rnents as they're organized have
Both are employed by the
AUen'Slild'be assigned his civ- sheriff's office..
raided users of Clermont County a series of checks and balances
il staff to research the law and
computerbulletin boards and
and those are done to protect
The uproar is only the latest
told the sheiitl he would get
copfiscated.computer equip- •
the best interest of the public so
in
a.long-standing
feud
between
;,back to him"
",
ment thesheriff said was used
one person doesn't do everythe sheriff and his various suc-.
tosend pornographic material
, ..thing," Deters said today,_
Leis, however, didn't wait (or
cessors. The 'fight is usually over into Hamilton County.,
-,
prosecutor shouldn't be
'Jhe prosecutor's report .
pornography and howstrongly
:whiCh, cotncidentally, Wl;S nnDeters charged that Leis - in '; the sheriff and vice vers~, That's
to pursue it.
'
;!shea:la.st Friday 'when the sher·
amove.stmllar to the present
ju'!3~good public policy." There
It started with Anen's prede- , .disagreement with Allen - dtd : were a number of disputes be:
UC filed his lawsuit.
cesser. Joe Deters, n~w sl;!lte .
not consult the prosecutor's ot- ~ tween Leis and his own office
.iThesta:Ws c;;nclusion was
.
Iice before taking actiog and .'
during his own tenure as proseth~e was absolutely.no lega:rba· treasurer,
conducting the raid,'
. cutor, ijeters noted;
,
sistor a lawsuit," Allen said, '
• In 1994, Leis bro!jght.obsceni.
The i;her:itf.was later sued by ~ '" ...But they all evolved out of
••~wastn the.process of 'drattty charges against the.Kenwood
the computer users..
orie thing - andthat is that if
Barnes 8/;NOQlebookstore over.
ing II letter to the sherili stating
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5ept('mber
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The Post
2, 1999
... -...•
Local news'
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40; $Uits·~y~heriff .maybetossed
.
._,;.J~~isoverstepped,
says prosecutor
,
.
is to make sure that the public is
protected
these situations," .
Allen said. "This isa case where
the sheriff has clearly overstepped his bounds. There is no-legal
By And~~w Conte
jlistificat!on~!o!"the lawsuitsr"
?c:-t ~~ff i6P:Vtl:Ei"
Allen said he discovered the
Htuni1t<Jn County Sherill Sisheriff's forays into the courts
mon Leis has filed at least 40 civwhen Leis flled a lawsuit Friday
il suits over the last two years In
against the Democratic National .
a violation of Ohio law that
Committee to recover $6,000 his •
could end up costing the county
office spent on security when
•
thousands of dollars in.overPresident Clinton was here for a
turned verdicts and dlsmissals,
fund-raiser on July 23.
said county Prosecutor Mike Al·
What Allen did not know until
len Wednesday.
Wednesday was that the lawsuit
Leis also apparently has ernwas not the first time lawyers
ployed at least two lawyers to
working for Leis had filed suits.
represent the sheriffs office on
On three separate days since
the civil suits, a level of bureauMay 1998, lawyers working for
cratic redundancy that Allen beLeis filed a series of lawsuits
lieves violates state law as well:
against former corrections emThe prosecutor said he in- _
ployees, court records show.
tends to 'ask a court to bar Leis
In nearly every case, the ernfrom filing any more suits.
. ployees had signed contracts
saying they would have to pay
"Part of my job as prosecutor
I II
in
~
IWI
Wing suit to recover costs of
Sheriff's Office services rendered to the benefit of the Democratic National Committee
(ONC).
.
But-Leis -e- a former county
prosecutor and judge - has em·
ployed twolawyers to work.on
behalf or the sheriff's office,
COurt filings show.
Both Gail Wright and F. Da·
vid Albanese were listed as :'of
counsel" on the lawsuit regarding Clinton's visit. Albanese's
name also appeared as the attorriey of record oil many of the 39 .
other civil filings.
.
Stephen Barnett, the sheriff's
spokesman, tofd The Post that
Ms. Wright works as "adminis. trative assistant" to the sheriff,
while Albanese serves as "director of safety," listening to employee grievances and handling
occupational hazard issues.
But sheriff's office letterhead
dated July 28 lists Ms. Wright as
"Sheriff's COUnsel!' She used to
work for former Prosecutor Joe
Deters in the office's civil division and has the reputation pf
I·~~II
..
. ,
Simon leis
Mike Allen
for job training if they quit working for the sheriff within three
years. The suits range in size
from S65 to $750 and were filed
with small claims court in May
and December '98, and June '99.
Neither Leis nor the lawyers
working in his office could be
reached for comment.
Leis' oUice released a statement saying: "Sheriff Leis
sjiongly believes he is doing the
right thing on behalf of the taxpayers of Hamilton County by
A<-,"~:z~=::tXJ"
"Sherif Leis likewise. believes
that Prosecutor Mike Allen, by
his public comments, has interfered with-the ability of llamilton County taxpayers to recover
those costs for services rendered."
State law precludes any sheril1 from practicing as an attorney. A state court ruling further
defined the Jaw to include "activities which are incidental to appearances in court."
The law also states that the
prosecutor shall represent
"county commissioners,
board
of elections, and all other county
oUices and boards." It adds, "No
county officer may employ any
other counsel or.attorney at the
expense of the county."
.
00
..
I
-
being an "excellent attorney," Al·
len said. She listed he. attorney
registration number on the suit.
~lbanese •.a. former H~::r"i!toii
County Municipal Court judge,
also included his registration
number and clearly has Dee
working as a lawyer regardless
or his title, Allen said.
The prosecutor's attorneys
are researching whether the verdicts and claims can stand.
"Tbey look like absolutely
and completely legitimate lawsuits and the sheriff is entitled
to those Iunds," Allen said. "All
he had to do was pick up the
phone, send someone over here
or fax us the material and we .
would have immediately filed
suit. That's what we-do for every
other office."
Staff writers Carmen Carter
and Kimball Perry contributed
to this report .
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Friday, September
3, 1999
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Leis."drops suit against Demo'crats
But: s~.eriffjD$l~ts
actions we~e legal
Post slall report .
t
Hamilton Couoly Sheriff Si Leis
asked Thursday that his controversial
lawsuit against the National Democratic
Party be-dismissed,
'
His request comes a day atter Hamilton County Prosecutor Mike Allen verbally attacked the sheriff, saying Leis
has had lawyers riling suits .on bis bellalf in violation of Ohio .law.rt also
comes as Allen was preparing to go to
court to bar Leis from filing any more
suits.
"I think that he understood that the
suit was filed in error and realized his
mistake and did the right thing," Allen
said,
He said he hadn't spoken to Leis
about the request (or dismissal - and
had no plans to.
Allen was been indignant that Leis,'
using attorneys that the sheriff's department had put on its payroll, had been
tiling dozens of lawsuits: Ohio law mandates that the prosecutor is a county's
sale legal representative.
"The law is very clear that the Prose,
cuting Attorney is the only person who
can sue in court representing the county." Allen said.
He stressed that Leis. a former prosecutor and judge, knew what the law .
was.
"I do know that when he was prosecutor, he made it clear that he was the
prosecutor, that he filed the lawsuits
and that he would not have tolerated
this,!: Allen addeU.
Leis issued a statement insisting his
actions were just: "Sheriff Leis strongly
believes his actions, to
date, were legal and
proper: however, to pre,
vent any existing side
issues from distracting
attention from the
main issue in this matter, Sheriff Leis has
chosen this course of
action."
Leis also asked AI,
SI Leis
ten's office to sue the
. Democratic National Commtttee and
U.S. Secret Service to recover $6,000 his
office spent on security when President
Clinton was in Amberley Village for a
July 23 Iund- raiser.
That's Dot going to happen.
"I hope it's over," Allen said.
Leis took final shot at Allen in the
'requested dismissal. He had two attorneys he has hired .in his office' listed as
counsel for him on the request to dismiS~ knowing that Allen was adama9 bout forbidding anyone except
the rosecutor from being the county's
lawyer.
Allen was particularly unhappy with
Leis over the suit because when Leis
battled with Allen's predecessor, Joe Deters.Tt was Mien (then chairman of the
Hamilton County Republican Party)
who mediated a settlement between
them and ended the public sniping .
Allen thinks the sheriff's suit 'Was a
stab in the back.
H.C. "Buck" Niehoff, current chairman of the Hamilton County Repubti-
a
can Party, was grad to see Leis submit.
"I think that's.very positive: The con,
troversy that developed really wasn't
,helping this community
he said.
Tim 'Burke, chairman of the Hamil,
ton County Democratic Party •.continued to insist that Leis wasn't acting as
the county's top cop.
"The lawsuit, to begin with. was patently political," Burke said.
Allen said dozens of lawsuits Leis
filed as sheriff likely would be thrown
out or overturned, costing taxpayers
money. an .issue Leis attacked on
Thursday.
"... 1Ilt would be unconscionable
that any Prosecutor would choose to
dismiss suits heard and settledby cornpetent Hamilton County Judges," the
statement noted.
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THE CINCINNATI ENQUIRER
COPYRIGHT,
1999,fi.iECiNONNA11 ENQUIRER .ALLr~GHTSREs~RVED
Falcons 28,
Bengals16
SATIJRDAY.
SEPTEMBER4,
1999
FINAl, EmnON/EAST
Gearing UP lor the last Iling oflummer'
The EnquirOflCraig Rutile
Rookie quarterback Akili
Smith threw a 33-yard
touchdown pass on his
first series Friday against
the Atlanta Falcons.
The Cincinnati EnQufredGtenn Hartong
The Cincinnati EnquirerlMichael Snyder
Mild times: Rhonda Schulte. left. and Denise
Wild times: Kate Sticklemaier, 11, of
Schry visit Kris Fields, right, on Ms. Fields' EZ
Times. It's on the Newport shore for the fireworks.
Springboro splashes Friday at The Beach.
Parks start limited schedules soon.
,-
• 50 CEN1'S
'74 Leis
advice:
No staff
111~lnr
IIW"IUI;.
MEmo
SiXarea districts
meet top standards.
Six Southwest Ohio school
districts= Forest Hills. Indian
HllI. Madeira, Mariemont,
Wyoming and Mason - met
the state's top academic standards on a trial run of.report
cards that will be issued next
year. Cl
BY DAN HORN
The Cincinnati Enquirer
WHEElS
';:;
'-
...•.•
/
.,,:"'"i'~
-t;
Viper works better
in Fantasyland 6
Wid~pen roads. cool ternperatures, clear skies and
absent law enforcement - the
Dodge Viper is a thrill beyond
compare.In the real world, it's
~'nc'nn8ll
Popular times:
Sawyer Point.
Enquirer/Sleven M. Herppreh
Erlch Kunzelleads the Cincinnati Pops.in a free end-of-surl\mer concert Friday night at
.
.. -
TJ...". .•.•.•.•
_- •
1!.L ~
"I".!__.:-~ - - ~
When Simon L. Leis was
Hamilton County's prosecutor
in 1974, he wrote a legal opinion advising the sheriffs office
not to hire a lawyer at taxpayer
expense.
.
Prosecutors say the letter
shows that Mr. Leis. who is
.now sheriff, should have known
he could not use his own lawyers to represent him in several
recent legal matters.
"The circumstances haven't
changed," said Prosecutor Mike
Allen. "Nothing is different."
The letter to then-Sheriff
Paul J. Fricker cites an Ohio law
that identifies the prosecutor as
the "legal advisor" to all county
officials and boards.
"It is our opinion tha I you
may not employ legal counsel
MikeA.!!en
Simon Leis
and pay such counsel from
county funds," Mr. Leis wrote
in the letter, which was obtained Friday with a request
under the Freedom of Information Act.
Because the law cited in the
letter has not changed in 25
years, Mr. Allen said it supports
his position that Sheriff Leis
should not allow the two lawyers in his office 10 do legal
work.
,
Sheriff Leis, however, said
other state laws have changed
since 1974 and permit him to
hire the.attornevs.
He said most of the work
performed by the lawyers Gail Wright and David Albanese
(Please see LEIS, Page A3)
.
'/
''IE.
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CINCtNNATfEN'(iUJRtJR
.
.
Leis:
"
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I=ROM.JlAGeAL~_.:<
No lawyersallowedin
.
~AT.lJROAX,
'.
l'ci74 ,
CONTINtJEp'FJ.tOM PAGE Al
:'the shenff wil1ldreW ThU;sday, had
The count~ .Republican.Party
•... "Saiiff Lei~ waived that'privilege
- ~volyes laoor. neg'otlatlo!lS, arbi- ~Iegal
merit and violated state-stat- . chairman, ~:C. "Buck," Niehoff,
because. the law. ~as changed in
tration dispufes and small' claims law- utes because sheriffs are not permrt- called a meetmg Fnday to bndge the substance and dynamics over the past
'Suits. .
'.
• ted to file lawsuits.
'
. gap. between t1ie public officials:
quarter of a century," the sheriff said
Although Mi:. Allen contends it's
The prosecutor then learned that
"It was an extremely open and ·..in his statement.
"
improper for the sheriff's office to do the sheriff'§ office has filed. at least 41 positive meeting:' Mr. Niehoff said.
. .
'.
'.'
most~of;that work, Sh.~riff Leis lias small claims suits againstformer-em"Both said they wilT.cOl)tinueto work .. ~e also noted th~t,prosec~tor s.
,~id it's- mere ~fitierit ~ohaii41e it, pl~ees-whcr owe money for tra/nillS together ast team players in t~eir. oplmons.al e l:g31 advice and are not
,in-house,
A
•
,
expenses.
commitment to. law enforcement.
. binding like a court order.
The sheriff said his 1974·opinion
Me Allen said improper court fllBoth men, however, said they reWhile that's true, Mr. Allen said,
to Sheriff Fric~er d~s not mean he !nJs could lead to chaos because they main convinced each is right.
,.
the law in this case is "crystal clear."
has changed his.QO$ltion. Wh~t has involve doz~n~ of mdlvlduals
and
The sheriff ~jd the release 01 his Just as cleat, he said, as the opinion
vchanged, he said: are the circum- thousanps.ofdoUars.'.
,
."
1974 letter, has changed nothing. He Sheriff Leis himself wrote in 1974.
~ta!1,ces.,
, /,
c.He has. described the sI1erifli\!t.ac""·,Ila!d ..he .agreed to release the. letter
'",
....
.;
Y.ou can t compare
1974 to lions as t'arrogant" while Sheriff Leis even though it was a privileged legal..
It s his OWn opuuon, Mr. Allen
1999," ~d sheriff's
spokesman'
has said the' prosecutors position on communication and did not have to be said. "!n no way, shape or form has
Ste~nett.
"It's like comparing the issue. is "ridiculous."
made public.
the law changed."
the horse and buggy days to the jet
age."
'~
In a . written statelllent, Sheriff
Leis said\tll.e keY.differences involve
the dramatic growth in the size and
responsibilities of the sheriff's office.
He said the' number of employees
has risen from 350 to 992 since 1974.
At the same time, Sheriff Leis said,
the office was unionized and is now
.subiect ·to complex {ed'era! labor Jaws}
,? "It only stands to reason that a law
enforcement agency employ individuals with legal 'experience,"
Sheriff
Leis said in his statement
The sheriff also said an Ohio law
'l\'as 'modified two years ago to allow
attorneys who are sworn deputies to
perform legal work
According to the law in 1974, "No
sheriff, deputy sheriff or coroner shall
practice as an attorney." When the
Jaw changed, "deputy sheriff'l-was
deleted.j,
.'
"Deputy sheriffs could not practice law in 1974," Sheriff Leis said.
"in 1999; they can:'
Mr. Allen said the sheriff's argument is .."a smoke screen" because
the la"" Sheriff Leis is ,iting today is
not. tile Same law' he cited in 1974
when he war-ned Sheriff Fricker'
against hiring in-house attorney'S.
The law cited in the letter states
that the prosecutor "shall prosecute
and defend all suits and actions"
j!lvolvinfcounty,officials."No.county
officer may' employ anyother counsel
or attorney at the expense of the
county," the statute reads.
.
According to jhe latest edition of
the Ohio Revised COde, that law has
not changed since·1974.
.
"It is identical to the law today,"
Mr. Allen said. '
.
The dispute between Mr. Men
and Sheriff Leis began last week after
the sheriff filed a lawsuit against the
Democratic ,National. CommitteJl
seekingto~eco:ver
expenses fro", a
presidenfiar4tsitt
" .
.'
Mr. Allen said the lawsuit, which
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This 1974 letter from then-Hamilton County prosecutor Simon Leis to .
then-Sheriff Paul J. Fricker cites an Ohio law that identifies the
prosecutor as the "Iegal advisor" to all county officlalsand boards.
~~Ift
tOil
twin. ea. DC.
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Mike PhilippS
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ver the last three deeades,
Indeed, the sheriff
, , Simon Leis has.tis~d4he ,.,askedThursday,that
.. ,'positions
'of proseeutor,« .' 'be dismissed (but in
ju~ and sheriff in th~ :Hamil.
insisted he .had done
ton. Countr ~pubil~.~.r¥1Y
bully PUIPlts ..for his umque
as
WTo~g).,
himself
the lawsuit
a statement
nothing
He was wrong,
i',
however. State
OfJus'ilce..
"':
.
law expressly forbids a. sheriff
B~t albng.theJ~ay L~is Seems 'from practicing law. The law al· :,''to ha-ve forgottentllat tij:e'jobs,
so says the prosecutor is thele'.a;e sep~ate'and.di'Scre.te.
Just.
gal advisor for all county offices,
,'''''aSthe aearly'Qeparied .can't 'take and that no county officers can
the~ pche~ Into heav~n,Jor1.fier«i hire attorneys .pot the cou~rity'~ ex,
, - prosecutors can't c~rry their
pense except under special cir.pOwers
Into •. the
sheriff's
otfice:
cumstances .
•. ~.
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In fact, the sheriffs recent atNo wonder Allen was outtempts to play prosecutor ~e
raged to discover that the sher~t
the law, according, to
lfr's office employs two
, current Hamlltop County prose- ~ .attorneys who have done legal.
. cutOr> Mi-cnael'K."'All€m'(hill~elf
work at the county's expense ':"""
. a former judge and poltce of~i·
and that.Lets' office has filed at
cer.) ."
.
'.
least 40 other civil cases over
Allen, a Republican; objeeted?" the last two years.
publiely to a'Iawsutt that Leis, . , ---,:o-.,----:----,-.,-~-. alSo ~{RepubIican; filed in. Com',
....'. '
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< mon Pleas Qourt 18$tYleek deProsecutor
'"me:nding the Democratic' '.
7
, Natiorta! CommU~tee're~ay-tb.e '\,
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en·ISJ Ig' " In
sherlff~ <tffiee,$6.g~oJor.~e~uri
.• ". forcing
to PreSIdent
Clmton.
, . .'
- 'Ij'du,riIlga.fund·rai~ing.stoJi> here . i'
in·JUly.,.
:"
.".
.'
ty,-proVldea
'.
,sheriff
to
.,',
:
observe the law.
, lAs1rhat>pens,cl.iets~:·heart-isin' ---,------------
, th~.right
?l~Er~n. thi~one. Wp¥
The laws that prohibit sher-,: .
-, should Cmeinnat~,taxparers ..:
Hfs fro~ acyng as pros~c\1tors
,bear th7 .~ost:?U~epresl,dents
~ and otl1ercounty officers
,ttU'l~.~a.l$tn"'Junlc,~t t,or th~J?e~:':,~
rl-otn,crp&s;pg intq ..9th~~iadmin.
·,.ooratlc P-tlrtYfl,·", "">;'",''''( ..•.'": ~"t .• ""if ';~ ':"'istrators'" tUr,f -..: are',designed to
,.' , Bqt !tom ,a/legAl stantlpoi'Qtp .~~Pr-f~vtmt!lbhe~xa~~ kind of omnip~
'Leis was out at b6und~~
.·1; 1 otenee ~h~t Leis seems 00 crave.
l~gatt~ni~1
~ihbugll'many
of th~~~~~- .tu~lor'that~
suit. ~e aISO!;;the'.erilployees~tin'6Wed. the
is the
were resolved
sharply critieizedfhe sheriff for sberiff between $200 and'$500 officer in the county:'.'
l!I~nfus,ag(), M~, Allehsaiil; all cir~umveqti~ the prosecutor's
for equipmentand training' exSh'·..;u'.
I
' - ,','
. "
",o£theIl):.<l\r~ .lmp'tQI>~i:1ln9 offlc~. which IS sUPPO~ to rep- ,penses:
'
' '., "i"" Leis •.a, ~~~~r,~?!'5
shoiJl~,be .thrown out of.·cOUrt. resent all county pffiClals In le- _ ' '
,
,
cuter, would not al~i
u!"
"I have a legal obligation
gal mat~ers,_ '
.'
Each .comp~amt }Va~ Signed roleo!· the alto~ys'; 1I!,i his
intervene," Mr. Allen said
'
, " by Sheriff Leis 3ltdt m ,som,e offiee, .But he said ~&t,t;a
Wednesaay, {"I,:"."
'!\!- ~Idth~; law forbids I~,cases,by:att<nme¥s' from hi~ ,sJXlke~a~ th.at t~e la~~Iie,.
. .",,'
because It would be dangerous'cffice acting onhisdleliaif, Infilediare1egJtlmate
andgiiOd fur
'The" lawsuits are the latest if tne Sheriff were empowered some instances, the attorneys' taxpayers.
.• .. '.'
point of co.ntention betwee~Mt,
tonot only. investigate cases.v'areidentified as being "of counThe-spokesman, Steve 8a1~
Allen 'an'd./Sheriff Leis"whO but also'to.prosecute them. . <Sfl" 10 the sheriff, <
!)ett,said the suits allow# tile
sp¥rred/earliet this we-ek'ov,er a
Acc<itdlngto court records,'
Mr. !\lIen eaid Jt is improper sheriff to collect mote ;,than
swt the sheriff filed to recover the sheriff hasfiled at least 41 for anyone. other than the pros- -$8,900 and return thatlllOl!e}'
expenses. from a presidential 'lawsuits in. Hamilton County's ecutorto serve as counsel to to the county's geneIai ftmd.
visit. .. ; ·;r.
Sl,l1ailClaims..Court-and MuniCi.-"the sheriff.
'i.
.
..."I\Il'~ha~money·goes~Ck
to ~
Me: Allen .filed a mernoran- . pal Court.' J'
..•..
, "The law is.!;fystal aear/"·"·(Pie~se
8e'eSHERItF.
dumJ,:uesday seeking the.disMost of ~e suils allege that 'M!. Allen said, "The prosecutPage A6).
iWscases,.
to-
J
Sheriff: Filed dozens-of suits
:~~
w
~
"They are counsel repre- 'not diScuss issues with him and
benefit taxpayers," Mr. Barnett- sen..ting. the' ,.,sheriffs office ,in at times,. deci~ed not to ~6Uow
said.
.
those filings, .Mr. Barnett said, . the prosecutors leg~advtc~.
Mr. Allen ~aid the ..jssue is·' Ht»J~no~ ne~essarilY counsel. ~o".Altfiptlgh ll'1C?re tban.a./doZe~ .
not whether the lawsuits have the sbenft'c'
.... ..
.. . ' .,()f 'theswts were, filet when he.
m.erit - it's whether they are
Wh~tever their'title, Mr· Al- w,as·prosecutor, Mr. 'Deter~,
legal.
.'.
l~~ said, they should. not be said he never was notified by
"It sounds to me that (the filing le~al papers on behalf of- the sheriff.!1 wasn'taware of
lawsuits)titake legitimate arga- the shenff.}.
." ~""",' ..' . '" Jhis,."bf:· said. HHe CaJWotvllave .
menta I "Mr .A"
'lien said- U AJrhe
. H~ said..the. sh~riff~s.a~looo ih-:hou'~A conn" SJ;'.ll and:;;b.e c~';"tIt""~'
' .....". ' .,. - '.' ..'
. could wreak havoc because ., "'~
.' ,,,,t ..
.. has to do IS ~lC~ up. the phone. most of the cases already''have pra~tt~e law himsel~..
.
and let us, do It.
. . been resolvedv Money has
While '.the ' sheriffs. actio,fl,
~e said ..s~a,te law .d~arl'y' changed hands, court. fees 'have are not a crime, Mr ~~U~n .said,
rt
rn..•....
e..y.,~ ·.ha
l.o.,.r~ld.S
t
.he
s
.
•.
hern
f
fr~m
d..om.
g.lt.'
be
..,~
n
asse._
.."
sse
d.,
3.tt9
.
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ve
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{)nb~~ own. ~5c,ordi~g,to th.e . beenpalcJ.,,:.,~·';~,
••.•
"<"
..• ac.n,~gam§tJnm,9:t,:tbe,att~r:·.
I~W1 No~bers.u~... shall pra~- . But because they wer~",han'7 "neysim,ms oific.e.'HI'tbinlf:mey"
bee l~w In, any court of this dled improperly, Mr, AUe~:~id. put their license to practice law
state.
. . ".
,:
all of thecas.es should "go 'in jeopardy.'; !vtr. Allen said.
Mr. Allen.$ald the only time throufh court ..,ag~in~'"This is , Complaints against attorneys
the.law;Uo~anatt?~e~,ot~e;r
w~a~; was.,aitald of;~' Mr. ~l~n .typically are 61.00 withtPe,l~at ..
tb~ll ~hepr~secu.~or to handt~.~. scud. '. ,'..
.bar::association'orwith
the'dig;.
case, IS .when .~.J.udgeformaUy. ,He said, be WID seek to dl~- GipUnary committee of. the Ohio
appoints a special prosecut~r. In, mISS any of. the cases that still Supreme Court
these cases, however;. either may be acnve, and he will do
'.
....'
...'
the sheriff or his attorneys filed legal re~rch
to find ways to .'. A. Supreme .C~
.spekesthe leg~ijocurq~!ltsli.
'. ove'rt~rn, t.bosetba.t al~eady Hpan ~Id :th~ct:)~~~tee wO\lld :
While he acknowledges that~ have been reSolved.'
.
.eyalua,t,e anycomp~aJnt~b~t.be
two attorneys - Gail Wright
Former County Presecutor . 'no~e~ ,that-no lute m,:~e attar::
and David Albanese - are em- Joseph Deters; who frequently neys, c;~e of ~r()fesslonal reployed by the sheriff, Mr. Bar- feuded with the sheriff before sponsl~llity spe.clfic(~nY'addressnett said neither is considere~ becoming state treasurer J said es the Issue raised m ~ts, case,
Ute, sRe,riff's in.;house /counse,l~ h.e)notsurprised:thatSb~riff
",uJtrn<. nptaware. Q;f,a pr~viHe said Ms. Wright is an admin- Leis filed suits without consult-sion th,at would cover this sJttia·
istrative assistant and Mr. Alba-iag the prosecutor.
tion, n said spokesman Rick
nese is safety director.
He said the sheriff often did Dove.
CONTINUED PROM PAGE Al
!
i,
'tl
QUnVt.
,tfMjf:r" ,
.has'
'~t':~••.
r>:
/'T,'"
,/"/,,,'
,
.,.J.'"
·Ulost;of.them,\/hithf~W/ttl~·,
'Puq¢li.,;ltr., ·¢~\¢f;~;'i.>
'Since'".ibe5!('lmba
prOS~$~~t~r~,
'a cQm~on/plE
tfjneijff, ~e)l~~
nir1g</;ro~·f~~:.~.q\l1J
.moshof tHe,·co
eenie;r~.:,on~Mr.....~l~'·~iil~~~~l1~:
~tat;ls!ngAFf~§(td~
..a~i~~t·L.PQr~
.'
nograpb:y~' ..' · ..; ,
. .r~e)n~~o~ar:;~~m~~f
..wa~;~;
?first.{(jcu~e~ ~~~ti{~is(ili"¥
,.,•19f.'f.;' ••~1l~n~as!c~ltnt~;:prg~pu:'··'
~Qtt~htte"g.a-irr~ij··\a;c~pyi~ti~.~
.
.....
~insf;ll@tl~
."'~,." ••
'"'~
,,~
·nt~or"p,anqe~~g~~~~~.
The ·,·.cqnviction:~a~·.·il.at~;r.
()Veft:u.r:nea,;, b~t.Mr•.~teis·~ST
sucOOssful.•..in. '···t:UnniOg~~!~t¥i.;
busines~~.outgt~tJJe,~Q~t! •.,;;,,'
Mr.·•.l.eis:••.
a!s().s~ir;e(f·.c~~~' ••
'versY. ~~':prOSElcut()r/bYfP~suiil~'E\'
prqquq~~sof;~be,~~~~~.pl~.-()ht/'.
Calcut~al,Whlch
contaI~ed!nUd~"IIII!I.yllllli- •..,.IIIII:s-·/II!Il/WUl-IIIII;;""'-, •.,.,';';"
.•'. .:
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...••>«~~qU~t<flf6~h6t.
;;~;~~~llu=~~~~~o~jh.)Si.moh
..
·~ejs,~~.!l.I~r~~PIlP~rs.~yr!!lg,~!()O~~i~.•.•
<BI~,eAsh.. '. . . •• i. . •. .....:s '.;ttj~}Of~u~tffT~'~!1fl~inePtJ~li~er.~a~ry:;fj:t~nt"i~th~~1Qs~:
9
'<~..
From 1982~pl~~7;l'hewas;. play .•..of·Rob~rt)dappl~tltor,J>e· Mr·l1i~.)· .';: ...•...•
on t~ec(}~~n plea~.~p~~,;bu,t\'c·ph!>~ograp~.~·"",
..'.'.....•....
....:.,
·t..
T~e·t\Vo<~f~ud.~4:p~l)lt9tt;
he .vol~tariJY,'.;I~!t~e'~f1l. ..:in7'·;'.!n .1~~5iiMr:!
.~~i$..\\t~sfun- ,..ll,l~.cll·'.th~\V~Y:·~. ~heri{f;'and
1981. to .~appolDt~Q sh~tiff\: . .•O
. US}attben~i>UQty,iRr~~~cuto!1vftke •..
Al,len~.M~.~{)et~t;~;.stlc~~~~
.•
,
In1.g90;~anyin.> theco1n::; )oseph·1f ....,~ers,;~fte~ Mt~;.sorag.p~()sec~tor~are'\no!.d~'
m~~tty.,
•.~o~J~t~~,'~~nt.'tQo:f3f; ..·l)~.~~I:s
..·;d~~i~~~·.;~g(liij~(i.p:~.~.~.
···.~d..in••..
~··b~tt!~.i~yet·.~~~.··
·Lei~.
whenhe·ttj~ijaft~!aU~,.to;g~t~U(;~~~g·~.·J~~~§'\~j!~I(Jbl,tt,\~Qk:.i
'.'tdu~g"~iS'Own .:la'Y~'nts..(i,lld,
.;~pnvictiQl1a~ai~~ti~thef~~;eJl1;i:;~t9~e~in'
~~~~~li.()ijt1·lN~,Q~~~:;S\'1~<l~§i~tll.et~()ltJl.typr~cu;t()!
.
.po,rarycA!fs'Qenter;'for"its{fi§.;; phy:':reta~e(lca2tl'g~s\'8toug£fhY"office{""
".
. . '"
..•.
'I
•. 1P8B1S:
Reds baOla back bui'fall~ihOrlll1,8~i110SSto'Braves,'Cl
,'{"
...TUE'·CINCiNNAJ'lENQUllmR
'..
{"~
COP\'RIGHT, ~999, ThE c1NCJNNAll
.
'"
ThURSDAY. SEPTI!MBER 2, 1999
FINAL EDnlON/WEST
• 50 CENTS
~'INSIDE
Slferift'tileddoZensof lawsuits'
DoCtors
All improper,
claims county
not liable
tor-HMO decisi~ns
"r;,.lnkother
vic.1orylor healthinsurance companies. Ohio
AIOOmeyGeneral BeUy Montgomery says doctors aren't.
pra<.:ti'cingmedicine when th'W,
doode which !returnent!;
HMO should cover. The legal
. .
eanstheycan'tbe dis'y 1I1e state Medical
'or bad decisions, B1'"
an
·B.uscrash driver
rrtid from prison
I
.
ENQUIRER.. ALL RlGHTS RESERVED
ou';'
,~
Mahoney walked.
of a:Kentucky prison Wednesday;! lyears afterlciJling 27·;"
a drunk,(jriving accident Crit(essay the bn:vjty of his'scn- .
. tenceunderseores
the nOOlI(>
toughen drunk-driving laws,
which have remained largely
unchanged since' that fiery:
crash, Bl
HIgb-
•.•.•••
lev
p lUll
prosecutor
BY DAN HORN
.
The Cincinnati Enq~rer/.,'
Hamilton County Sheriff Simon L. Leis has' signed his
name to more than 40 lawsuits
. that prosecutors.
say violate
Ohio law.'
Court records show that the
sheriff filed the suits during the
past two years in aD, effort to
.
.
Simon Leis
A look liac~
at eases and
controversies
that put Simon'
~els in the
spotlight A6
recover training fees and equip'
men! costs from former employees.
Prosecutor Mike Allen said
state law prohibits the sheriff
from ac~ng as his own attorney.
. 'A.lth~ugh many 01 the shet
iff's cases
were
resolved
months ago,.M~.,AI)eD said all
of :·Ulem. are improper and'
should be throw", out ill court.
"I have a legalobligation to
intervene,"
Mr: Alten said
Wednesday.
Th I
.
. th I
. e awsult!? are'
e: atest
POint of contention between, Mr.
A1le.n and Sheriff Leis, who
sparred earlier this week over a
suit the sheriff filed to recover
expenses from a presidential
visiL
Mr. Allen filed a memorandum Tuesday seeking the dis-
missal of that suit He. also
sharpty criticized the sherif! for
circumventing the prosecutor's
office, which is supposed to represent all county officialain 1e-'"
gal matters.
'
.
He said the law. forbids it
because it would be dangerous,
if the sheriff were empowered
to not only investigate cases,
bur also to prosecute them.
According to .court records,
the'sheriff has filed at least 41
lawsuits in Hamilton County's
Small Claims Court and Municipal Court.
Most of the suits allege that
River views: Louisville's waterfront provides
'design cuesforwhatCincinnati's might become.
the .employees' still owed. the
sheriff between $200 and $500
for equipment and training expenses,
,'tvtor,
. Each complaint was signed
by Sheriff Leis and, in Some
cases, by attorneys from his
office acting on his behalf. In
some instances, the attorneys
are identified as being '{of counsel" to the sheriff.'
MI'. Allen said it is improper
for anyone other than. the prosecutor to serve as counsel to
the sheriff,
"The law is crystal clear,"
Me AII~ said. "The prosccut-
ing attorney is the chief Jegal
officer in the county,"
S.
.
henff 1.eIS, a fon,n.er·~rosewould not. discuss the
role of the attorneys in his
o,ffice. But he said through a
spokesman th.t the lawsuits he
filed are legitimate and good.for
taxpayers'.
The spokesman, Steve Barnett, said the suits ,iIlowed the
sheriff to collect more than
$8,900 and return that money
to the county's general fund.
., All that money gPOs back to
(Please see SHERIFF,
Page A6l
Ex-Miami
students
are' found
not guilty
2 were charged '
with posting
racist fliers
Want to look hip?
1ry.on a new 'Vest
~lICStis.thc must-havc (••<llion iII:1i1.{orfaIL
utilitarian
411c. 100\0;that ·stDrti!dwith cargo~ts-has
inched i15w-.ryup
t\1e'OOdy, They come in perfor!PIIi>~ fleece, Quilted. l1y,lon
i!Ild hooded andmore, D1
'nle
!~
I
H~~PfJGE.
c_~_•..••.•_...:-r
L_'-
.~
BY STEVE KEMME
The Cincinnati Enquirer
OXFORD - Two black for- '.
__
mer Miami University s\udellts,·ci3. Allen
If. Snow
who were accused of staging '" some people will continue behate-crime h03Jt.on campus laSt lieving that they entered Mi. year claimed victory Wednes- ami's Center' for Black Culture
day alter a jury acquitted them and Learning after closing time
"of ctiminai charges.
on.Oct. 3Q and. poi.\ed55. racist
Aller atmost eight ncurs of and anti-gay' fliers 'and typed
deliberation, a Butler County racist messages on f<)Ur comArea I Court jury of seven pater terminals,
,.
whites and one black found
The discovery of the fliers
lI.l •• H ••...••.• ; ••. 1
c .•....•....•.•
..:1 n .•....•1"
••
-'
~-
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~;,
I·:"
110•
'THE~C}NCINNATl·ENQ···.'.{JIRER
1:.< '
;;"2'; ,
'
"'..
<
'"
,
",'
iOf'YJUGHt. 1999, ThE C1NCINNA'f!'ENQUlRER.~.L PJ,GHTS,RESERVED
tltf~IDE
'~-,
"
Ifu;
~
.
,.,
•\ .Mystery surrounds
i
t,liStarded b9dy ,
'Invcsligntril'j\, don't; know
""Ilillt'll" badly dCCOOllloSCd
hody by a ClermontCouilty
roadside. But officials say
V?hocverdid al)p.~mnUyw~~
n~ concerned thatitw1)uld be
~i;;covered.I)1
,{
,
~f;.;.;~.:::i:::""";:::'
SPORTS
~ngals! offense
J win get no rest
Coach Bruce Cosier says
tilo/.f(ense will keepplaying
I in'toniJ(hf" final exhibition
ga;lJ<' against defending NFC
I
champion Atlanta at Cinergy
Ekld IIl\lil iI dMswm~!hing
1. lXi'i!-tive.'B 1
'
\
I
•
'
FRIDAY • SE~BER
Prosecutor
~ays,it's all
Improper
BY DAN 'HORN
The Cincinnati Enquirer '
Tw~ attorneys in the Hamilton County sheriff's office have
performed extensive legal work
(or years that prosecutors say is
improper.
Sheriff Simon L. Leis said
Thursday.that
the attomeys Gail Wright and David Albanese
- handleall of his office's labor
negotiations.
arbitration
disputes and union grievances,
Although, Sheriff Leis defended thepractice
as routine
and efficient. Prosecutor
Mike
Alleh said' it 'violates an Ohio
statute prohibiting sheriffs from
practicing law.
"
Mr. Allen said he was unaware the sheriff has been assigning the work to in-house
attorneys
and warned
that
those cases must instead be
handled by the prosecutors
office,
lie said his office does sirnilar work for other county departments and should do the'
same for the sheriff.
"Clearly that's a function
-.,
{ FAMILY
~
.best to smooth
l
::::~~.
TEMPO
j
i
1
t
I
arelandmg
.qIlsome fine people
>J:·;Forsix months. JlOW,
;'~n\'r
J<,hn JohnstOI1.has
~
making wCi!kly stories
out of names our darts find in
thephone book, He's met a lot
oroke Il<'<>plc.£1.
J~
,...;.:~
D1rTC'\ ••
~""
',"
.,;;
3, 1999. '-'4-,---
Suit dropped
She"ff 8im'on L, leis withdrew his lawsijit Thursday
igainsl the Democratic National·
Commilleil,The s~it Inggered a
week 01wrangling with \he
c?unty prosecutor~ office. A7
that should be done by our
office ••.. Mr, Allen said. "It is
not his prerogative to do H:'
In an interview Thursday.
Sheriff Leis spoke publicly for
the first time 'about his conrinuing dispute with Mr. Allen over
legal work done by the sheriff's
office,
Sheriff Leis said he sees
•
'
,
, FiNA!,EDrnON/EASr.
50 C~
nothing improper about his pOlicy and said the work of his
'attorney.
goes far beyond the
41 civil lawsuits they have filed
during the past two years.
He said most 'of the legal
work is.rpenny ante stuff" that
his attorneys
arc more than
capable of handling.
'
"It's stupid to raise hell
about something likethat."
Sheriff Leis said of the lawsuits.
"If (Mr. Allen) wants to assign a
prosecutor to handle those
cases, I'd be more than happy
10 give them to him.
"It's ridiculous, but if that's
what he wants, fine."
The: Clncmnati
EnqulterrGJann
(Please see SHERIFF,
Page A7) Sheriff Simon Leis; in an interview Thursday,
nmoth, Rub, director, Cincinnati
dispute
over his office filing lawsuits
Art Museum
'Cincinnati has some truly great art traditions I don't
think are as well known as they should be. '
old sibling riv~es
l
'\
"
Sheriff defends legal work
-;......",~""'-'=
__ • Most rivalry issues between
,
adult siblings are small and not
1. !iCripus enough 10 destio¥,1'C1afi6nships. But experts agree
that for emotional health, it's
.!lest!O resolveall issue'S. E3
.'~'
City's
growth
dl•.ector
leaving
U:l ""'''
,
Season
'* down. to
•
Udris iook heat
for downtown flops
'foo,'time
fOfr ••Reds
30 games to go;
still in the chaseBY CURlS HAFT
The Cincinnati Enquirer
For 3 m~jor league ballPlay~.,
- and maybe even Ior the
llIaiQr league city o! Cincinnati
HaJ\Ol\9
called the
"stupid."
"*'
Tio.
•••
-a:·w_ .•••
•..~•.•._ ...••••
,--_._
..•.'••••
BY HOWARD WILKINSON
and LISA BlANK FASIG
The Cincinnati Enquirer
Cincinnati development
director Andi Udris, under fire
from city council in recent
months for slow-motion downtown development,
will leave
office at the end of the year.
Some council members hope
he won't be replaced.
Both Mr. Udris and City
Manager John Shirey have been
criticized
by
council members who say
they preside
over a bureau-
~ltW:CI~}1:,\XATI~Ql)I!~,
.'
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'eONTINUEO
FROM PAGE'At
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'<sihAN
iny~Ve~Ia~its;~,;.
:aQRN,," ~
..' Pt~SI?~n.t ~li~to~:~~~ce~.t ftind-r:ail1"'" , TIl;e sli'~~iff,.,fll)l\'eye~~iS!lW!!!?-9Y.
,;,!fh6YI~;''!9t.be:;a!!;~e'''''i~,x.,(1),".10';·;,8 .. 'th~"()iricl~ii;EtI<iujrir"·i;~
'~.. .tn&·Vi,~!~ to,Cmclnn~tt,;/;i:!/
'.. i.' ij~ said /le.wdl,a/ik t~~ pi~nC(jtor,t,o'/I'"
fS~t1ff:U!i&
Sl¥d Ms;<WJ.ight; iI/fot"), t,.. '. .'...
. f ':,r.'. '..
.
Although Mr. Allen said he sym-. re-filethe sulton hl&beli~h,"'"
.1, .
'.~mer ':aSslsrarit ProseCutot,¥repreSerits .'. After a .;week, of..spa~trng w~~ -1l3tmred with the desire-to recover" .. He' also said his decisionto-drop'
'~{h!rrl in a}llal?ornegotiations, arbitratk!n ,p~o~cutors ?ver:lts legality, Shenft- rnoneyIrom a •.presidentialfrolic ••.· the suit is riot an admission that he
dispU!esand hearings regarding labor
Simon L. L~ls.W1thdre~ his law~ll!t the prosecutor concluded there was was Wt:~mgwhen he filed at least ~1'
'.f"
!,c, . '.
. ~ ;
Th~rsday agalIlst t,he" Democratic no legal precedent for law enforce= other civil ,laWSUIts..
..
.!li
He. scud Mr" AI~.3cts
a~ a, NatJ9Jlai Cornfmttee...,.".
""ment'-t:o
Seek reimbursement.
.,.
Those suita which seek to. recovf9t.grie¥1lliC~ file<}1Ij~"" ". ,.,f~~t~Jhe;~b~~fL ,Silid .t:lje' ~~~e., '. ;Ill!t beforehe, could-tell ·Sh~rjff.er t~.il'\i~g feesfrom Aot!l1er ~Il}'~ .'t''''''' 'iii;.·.l/~f"·'~)~:i' '~':/'d.~.)"£mean,Q,e w~.~/.~fO~,.,r.,~;· "Let."s; Jhe, sheriff fi..led, his;6wrf Slllt/ / llloyee$, also a!~.. ri!gaf~ed, as l~-.;,•.
, .... erut !j31C,ltmak~ more ~'.,
~e said he dropped.the S\.l\t.onlY".Mt. Allen Said thesheriff broke a proper by the'prosecutor. Mr: Allen..
'.n<imlt'senseIor rus.office to hilndfe becaase jPrusecutor r;iike A)Ien's state' law when he ·fifedthe·,suit
said he will seek-their dismissal as'
thOi!ecases than it does to,refer them to
opposition tQ:.it 'hap' detracted from because sheriff~'oot
;permitted well,
,the,prosecutor's,office,~;
the most imp?Ttant issue.: ,
"'~ to practice law:
~. '.
Mr-.Leis said.he would oppose_
,
I'y,~got a. d\lty.to protect taxpayer
. "I want the-issue tobe concise;
The prosecutor, who filed a. rno- such amove, nQlm~rthafliiSl of~ce ' .
:.lJt.oneY~itht;riff 4is,scud., .. ' ,. '.. Arf!...w~ en.(it}~.. m..on.".
e~ f.r.om.
i.h.e., t.ioOtO'.dismiss.th.e.. sheriff.. '.s su.it thi·.s.. has .. recovered .•!:leariy. $9,.0.00
r~;-.l~t·~2'.:,~ said.~;tl,tlcti<7{\!]O-:, . D~q':".Sh¢Iff;r.ei(~d,:"~tth·()II'\\,eek"saidh~;wasglad
.. M-r. Lels ~halfoftaJCpay;eis."',<
..,i ;:;.
~ate$:t¥J?w~~d
~Ql>Jmr!l~t~0;·. (Mt?;f.~e~)pj\as, done,;'he's clo\ld,ed voluntarily. Wi~hdrewit. i'fl,
: ',:' ''',,'It,would be unconsdonablethar'
ly,Jle said UI!!.law app!i~·ew:n Jf,tl'~; the ma~n issue.">»
'.'
"It's the right-thing to do: he .any prosecqjor wo~.chQw,e to dlS- I
l!!SUe.so: ~:u:nount ohJ1O!l8YIOVP!v~, . Th~ sheriff filed the lawsuit last said. -r thi~~ what he's saying is,: miss suits ,he"\.~J and settle~ by
~
trivial.,
' "
dim'
week m an effort to recover abou; .he's recogrunng he's made a nus- competent Hamilton County judgf'l' [t cfoesn t matter if Its over a
tl'
$8 GOO in security ex•.••nses from take."
..
..."
es.' the sheriff sa.id.
01: a inilIion doIlars;" lI-1r. Anerl~said '.
•
.' ~ .
;".
~"
., "",
'-'
~,t'B's nOt his call to mak~;'We aIf need to ',_
.
'..'
. ~
•
!I"~
IaW.'\,,' ':""SAi,..'rt'l:;;r>~visit.:"L,;
it?" .. . ....
'$200 to $500cost of their',trafrung"moneyback,
<"
e:~d' his, ~YO)t~~AArtedi§y'l3;' .AI#loo&h'the "sheriffv(j\untarilydrsc 'Tlhink the ~payer ought to bene-;'" Mi-f AIle;; 'said the. ,issue is not
.hip
r
law tlJat.makfS th,e.prosectl.tR~.missed.the .la~t
Thursda.y, the case fi,t from that tralrepg, ~ 'I make ,them whether any' ofthe shelifl'.s legal work.
I •gal counsel·to an other <:ountyoffice-" drew attention to other legal work done
sign the contract,' Sheriff Leis scud..
is legitimate because much of it appears
der.s. The law also specificallystates by his employees.'
One of his former employees, Cl'll!g.
.
'.'
.
• f county sheriffs are not permitted to
Court records show the sheriff has Macke, said he worked for' the sheriff ~ he shP~n~~, ~ ~mt. he ~d, IS
practice law.'
..
~ filed at least 41 lawsuits-in municipal roc more than two years but was still
at
e
. I,San
s empoyees
<Ii'. "No sheriff .... shallpracticelaw in court seeking to -recover training. ex- required to repay the fulli$240 ~o:stof should not be ~Olpgany legal work.
-s••.
!".J
. ..h~
y, ~ ..c. •...••. of..t9:i.:S'"•.
. ~..tate,'..'.'.th.".
e,,~!~.t.u
..·.,.~~/peDS1;s"
...'~an~ eq~.P!l1~.~t.CoS.,.iS.·fr!)!]1
£O,t. hi~'i\rail;liI1g">J.
,; fe·c'
•. </Hesaidth~
s.heriff is.allowed tq..iure
Yr'~'6ids:? ",,?f .• ,' .·t'!$C;.··,MF'·mer
'employees,
... .';'
"
.. It-was ridiculous.vsaidMr. Macl<e, lawYers' but he is not-permitted to
''''~'''~1¥
diSpUtebetween the:'sfieriftand ". 'The sheriff said the suits are filedto' a f~nner' corrections O~G~;. "They assigri them legal work.
'
'th'oseciltor arose last week when Sh!!riff : enforce a three-year contract all depu- didn t pro-rate It or anything.
" < ....
,
"-Wis filed a lawsuit against the Demo-. ties must sign when they join his o!fice. ,Upon learning that the prosecutor
.ITIt involves anything-where they
:-cratic National Committee in an effort If they-do not 1ulfiIlthe fuII:.tJtreeyears, thinks the suits are tplproper,~,
are mterpn;;mg the law, they shouldn t
.. to recover expenses front a presidential they are responsible for repaying the. Macke said he ~ould like to. get his be doing It, Mr. Allen said.
}liUpti!ey~ ~~t
t,
=s=. .
lO:
'Oo.j
I'
I
I
i
't~,
• 94.1, The Mix, kicks-off the fUQ
on Saturd.ay with remote from
10 am to noon.
: ShdPPi~gfor ~~tiq~eS wcirktup
an appetite. Lunch is on us starting at 11 am on Saturday.
-You can realJy.w6rk up aM ;>
appetite in our 1Oz,600sq. ff:
mall.Join us for pizza & soda
starting at 11 am on Monday. ,
:t:~~o;'
antique mall
.---....
• Shop & stroll with Oldi.es WGRR
all Monday, ·11am t.o,2 pm.
Just off 1-75 and 1-275
1 Block off 747'o~ 6es2eniViI!e Rqi(j'/
·10132 Business CenterDr, .
Cincinnati, Ohio
513·874-7855
NAACP Cincinnati - Is Sheriff Simon Leis a Crook??
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NAACP Cincinnati - Is Sheriff Simon Leis a Crook??
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NAACP Cincinnati
Is Sheriff Simon Leis a Crook??
Cincinnati NAACP President Smitherman communicates:
"You determine whether Simon Leis is a crook. Sheriff Leis
hired six appraisers. All of them are his friends. All of them are white, male registered republicans. All of them have made
the maximum contributions to the sheriffs re-election campaigns(with the exception of one) and participated in his golf
outing each year. All of them made more than $165,000 last year with one making $250,000. "
Click on "Read More" below to See President Smitherman's detail comments. Also, click on this link to the code of ethics
for the Sheriff and decide for yourself: Is Sheriff Simon Leis a crook? Link: Code of Ethics of the Office of the Sheriff
Dear Membership
and Community,
You determine whether Simon Leis is a crook. The United States of America is in the middle of a recession. The State of
Ohio is one of the states with the highest home foreclosures in the country. The Hamilton County Sheriff is
administratively responsible for conducting the auction process. Therefore, he has the ability to hire appraisers who
evaluate the home values.
Sheriff Leis hired six appraisers. All of them are his friends. All of them are white, male registered republicans. All of them
have made the maximum contributions to the sheriffs re-election campaigns(with the exception of one) and participated
in his golf outing each year. All of them made more than $165,000 last year with one making $250,000. Supposedly, they
appraised 50 homes a day because the foreclosure rate is so high.
The human backdrop to this is that families are losing their homes. Yet, our county official, Simon Leis, appears to be
taking advantage of this tragedy and making big money for the good ole boy network. Oh, did I mention that Simon Leis is
a sworn officer of the law which includes the commitment to protect and serve? My understanding is that he swore to
protect and serve all county residents equally, not selectively.
Remember, no one is running against the Sheriff because the Democratic Party cut a deal. (I have already expressed my
disbelief and concern about that topic.) The purpose of the deal is to allow County Commissioner, Todd Portune, to run
unopposed. Commissioner Todd Portune, I suspect, will not call a hearing into Simon Leis' involvement in this gross
overcompensation of appraisers. I also suspect that County Prosecutor, Joe Deters, (who is also part of the deal to run
unopposed in November 2008) will not investigate--nor prosecute--either.
The claim is that no investigation is necessary because there is not illegality. However, I strongly assert that appraising
50 homes a day is impossible. That calculates to one house every six minutes within an eight hour day without a lunch
break. this is how the white power structure "hooks up" their boys. I advise any African American in Hamilton County
reading this message not try to "break into this market" (please forgive the pun) of foreclosure appraisals because YOU
WILL "go directly to jail" without passing go; without collecting "$200". That's the law in Hamilton County. 700 WLW Bill
Cunningham the protector of the system is very quiet. He is very quiet on this topic because his wife got the "hook up"
with the promotion to the higher court of Appeals over a qualified African American. They call this Affirmative Action.
The County is being run like the Mob. The boss is Sheriff Simon Leis. A large number of the Judges are controlled by the
Columbus, OH " pay to play" County Prosecutor, Joe Deters who replaced another Crook by the name of Former County
Prosecutor, Mike Allen better know as "Horn Dog 67 or 68 or 69". Is this the same Mike Allen who is now on Fox 19 as a
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legal analyst? We can not forget how they ended Officer Lt. Colonel Ron Twitty's almost 30 year career for a fender
bender that the "White Power Structure" said he lied about. During Black History month allow me to point out that Twitty is
African American and now the poster child in Hamilton County of what you get if you "tell a lie" as an Officer of the Law. The
County is run like the Mob with a strong support cast of cronies. They decide each day who broke the law and who gets
.
a pass. Now with all this corruption the City of Cincinnati wants to place cameras in our neighborhoods to take pictures of
our cars to balance the City budget. What will they think up next? The question is stop running around scared as a
people and lets come together and fight back to protect our Community. Our children are watching us.
Christopher
Smitherman President of The Cincinnati NAACP Branch
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