Rastatter appeared Monday before a three-member state disciplinary panel considering a 13-page complaint about Rastatter’s conduct in six cases he presided over after he was elected judge Nov. 2, 2004.
He is accused of violating rules governing judges’ conduct, including 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.
“You’ll find evidence that will show you (Rastatter) was consistently rude to counsel ... and served as the accuser and the finder of fact,” said Laurence Turbow, one of two attorneys appointed by the Ohio State Bar Association, which filed the complaint on behalf of two local attorneys.
Turbow and Amelia A. Bower called seven witnesses Monday who testified that Rastatter left the bench during an objection, wrongly held attorneys in contempt, disregarded an agreement to allow a defendant to remain free on bond and in at least three cases refused to follow mandates by appeals courts.
The hearing resumes at 9 a.m. today. One more witness is expected to testify against Rastatter before four defense witnesses, including the judge, are expected to testify on his behalf.
Zaring described Rastatter as an athlete who is extremely self-disciplined and someone who expects a lot from himself and others.
She said in 2006, about a year and a half as judge, Rastatter was still struggling with his new position.
“He didn’t flow into the job as easily as others. It took time for him to take off his prosecutor’s hat and into a judge,” Zaring said.
Richard Mayhall, who represented Jason Dean in a capital murder trial along with John R. Butz, said Rastatter accused him and Butz of manipulating the court, held them in contempt and fined them $2,000.
Rhonda Blanton, a former court reporter in Rastatter’s courtroom, said Rastatter’s interaction with Mayhall and Butz was so strained that she felt uncomfortable.
“It was very tense ... It progressively got worse as the trial went on,” Blanton said. “Everybody was upset. I felt like I was walking on eggshells. I kind of steered clear of everyone.”
Asked if Rastatter could have done something to ease the tension, Blanton said: “In his position as the judge, he is the one in charge. He probably should have taken steps to make it less tense.”
William Merrell, a former public defender who now works with the Clark County Prosecutor’s Office, testified Rastatter went back on what he thought was an agreement to give Merrell a few days to bring in out-of-town family members and others who wanted to plead with jurors not to sentence Juan Rios to death.
Merrell said Rios was found guilty of aggravated murder on Friday, Oct. 1, 2010, and Rastatter set to hear mitigating circumstances in the case on Monday instead of Wednesday and Thursday as previously discussed.
Merrell testified that Rastatter was concerned media coverage would taint the jury, but he said Rastatter accused him of not being prepared.
“We weren’t asking for 30 to 60 days. We just needed a few days to get our witnesses in town... I was firmly of the opinion that I was being called incompetent,” he said.
Merrell, like other attorneys who testified Monday, said he was “fuming” after the case ended. But Merrell, who referred to Rastatter as a friend, said he hasn’t had any other problems with the judge since.
Dayton attorney Jon Paul Rion of Rion, Rion and Rion, said he, too, left a case presided over by Rastatter upset.
In court records, Rion accused Rastatter of misleading him and a county prosecutor and “feigning” memory loss about an agreement all three of them reached not to send then 18-year-old Richard Daly to jail after he pleaded no contest to aggravated vehicular homicide.
After the plea, Daly was taken into custody. Rion testified that Rastatter refused his objection, left the bench and refused to speak to Rion and a prosecutor in chambers.
Rion was later held in contempt and ordered to pay $500, he said.
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