Cuyahoga County judge suspended from office for one year
By Dan Trevas
Court News Ohio
The Supreme Court of Ohio suspended Cuyahoga County Common Pleas Judge Daniel Gaul from the practice of law in Ohio for one year, resulting in his suspension from office for the same period without pay.
Judge Gaul was suspended after he was found to have committed 29 ethical violations, including coercing two criminal defendants to take plea deals he crafted.
Writing for the Supreme Court majority, Chief Justice Sharon L. Kennedy stated that “rather than promoting confidence in the independence, integrity, and impartiality of the judiciary, Gaul’s conduct has called those essential elements of our justice system into question while harming multiple litigants.”
Judge Gaul has been a common pleas court judge since 1991. The suspension is based on a complaint by the Office of the Disciplinary Counsel concerning Judge Gaul’s conduct over a five-year period that began in 2014. The Court found that Judge Gaul’s misconduct was widespread during eight cases that the Board of Professional Conduct considered. The decision stated that among his violations, Judge Gaul:
• Coerced two no contest pleas.
• Abandoned his role as an impartial arbiter.
• Demeaned litigants and spectators in his courtroom.
• Abused his contempt power to avenge a minor slight against him by a defendant.
• Abused the prestige of his judicial office to advance the interests of a defendant.
Justices R. Patrick DeWine and Joseph T. Deters joined Chief Justice Kennedy’s opinion. Also joining the majority opinion were Seventh District Court of Appeals Judge David A. D’Apolito, sitting for Justice Michael P. Donnelly, and Tenth District Court of Appeals Judge Terri Jamison, sitting for Justice Melody Stewart.
In a separate opinion, Justice Patrick F. Fischer wrote that the suspension imposed by the majority was too lenient and that Judge Gaul should be suspended for two years, with one year stayed. He would also impose one year of monitored probation upon Judge Gaul’s reinstatement to the practice of law.
Justice Jennifer Brunner did not participate in the case.