Cincinnati attorneys Lisa Zaring and George D. Jonson are representing him. Up to $20,000 of Rastatter’s attorneys fees will be paid for by the state’s judges professional liability insurance program, which is paid for with general fund dollars as part of the Ohio Supreme Court’s budget.
The program covers 878 active and retired judges, according to Ohio Supreme Court spokesman Bret Crow.
Rastatter has denied wrongdoing and is scheduled to appear before a three-member panel at a formal hearing at 10 a.m. on Feb. 21-22 in Columbus.
Rastatter, who earns an annual salary of $121,350, would have to repay the insurance money if an adverse determination is made against him in the case, state officials said.
Jonson’s firm has represented Ohio judges facing disciplinary action for years, and he said the state insurance program offers much-needed protection for judges.
“We don’t want them to be afraid (of litigation). We want to keep them focused on doing the job they were elected to do, and this is one way to do it,” Jonson said.
The Ohio Supreme Court spent $737,625 in 2010, up from $565,000 in 2009, for the insurance, which covers settlements, awards and legal fees, Crow said.
The insurance coverage changed in 2011 with the Ohio Supreme Court opting for self-insurance and limiting attorney’s fee coverage to $20,000, down from the previous cap of $75,000.
Attorneys fees now are covered only until an adverse determination is made against a judge. If that happens, the judge must pay back the attorneys fees to the insurance program.
“The judge now bears some risk in pursuing a meritless defense,” Crow said.
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Insurance for judges
A look at what the state paid insurance companies to cover defense costs of judges facing allegations of misconduct:
2010 $737,625
2009 $565,000
2008 $586,530
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