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Judge’s disciplinary hearing postponed

Judge Douglas Rastatter to face 3-member panel July 9-10.

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By Tiffany Y. Latta, Staff Writer 10:20 PM Wednesday, February 8, 2012

SPRINGFIELD — Judge Douglas Rastatter’s hearing about alleged misconduct on the bench has been rescheduled to July 9-10.

The hearing originally was scheduled for Feb. 21-22 in Columbus. The Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court said the delay was for an attorney involved in the case who was unavailable at that time.

In a six-count complaint in November, Rastatter, a former assistant county prosecutor, was accused of failing to follow the law, failing to uphold the integrity of the judiciary, engaging in conduct prejudicial to the administration of justice, lacking decorum and acting in a manner that does not promote confidence in the judiciary.

Rastatter has denied any wrongdoing.

During the 9 a.m. hearing in July, Rastatter will appear before a three-member panel that includes Lake County Prosecuting Attorney Charles Coulson, Lynn Jacobs, a retired assistant prosecutor from Toledo and attorney David Tschantz, according to court documents.

Rastatter could face sanctions that range from a public reprimand to disbarment, Ohio Supreme Court officials said.

The complaint cites cases in which Rastatter, who was re-elected in 2010, allegedly showed bias against defense counsel and defendants, attempted to “recreate the record” or failed to follow rulings of an appeals court.

One of the cases mentioned involved Charles E. Davis, who in a 2005 was sentenced to 13 years in prison on charges of vehicular homicide, voluntary manslaughter and other charges.

After the sentence was successfully appealed, Rastatter re-sentenced Davis to 14 years and left the bench during an objection by a defense attorney, according to the complaint.

The Court of Appeals reversed the increased sentence in March 2007, but Rastatter refused to re-sentence Davis until after additional court filings by the defense, according to the complaint.

Rastatter re-sentenced Davis on May 28, 2008, to 13 years in prison.

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