Portsmouth judge sanctioned for ordering son released from jail before court appearance

The Ohio Supreme Court this week issued a six-month fully stayed suspension to a Scioto County judge who violated his own court policy to secure the release of his son from jail before a court appearance on domestic violence and resisting arrest charges.

In a per curiam opinion, the Supreme Court noted the Board of Professional Conduct recommended that Portsmouth Municipal Court Judge Russell D. Kegley be publicly reprimanded for committing four ethics violations. But the Court stated his conduct warrants a more severe sanction. Judge Kegley’s suspension was stayed on the condition that he not commit any further misconduct.

Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer, R. Patrick DeWine, Joseph T. Deters, Daniel R. Hawkins, and Megan E. Shanahan joined the opinion. Justice Jennifer Brunner did not participate in the case.

Judge Kegley has been a municipal court judge since 2003. He and the only other Portsmouth Municipal Court judge, Steven L. Mowery, adopted a bond schedule that required the Scioto County sheriff to hold all defendants charged with domestic violence in jail without bond until their initial appearance before a judge or magistrate. The municipal court also adopted a standard procedure in domestic violence cases where the judge or magistrate conducting the arraignment would issue a temporary protection order preventing the defendant from returning to the home where the victim was residing.

Case Kegley, the judge’s son, lived in Portsmouth with his wife, identified in court records as “E.K.” She was a Scioto County Prosecutor’s Office employee. In May 2023, police were sent to the Kegley home in response to a domestic violence call.

Kegley allegedly struck his wife several times, causing swelling to her face along with a bloody nose and lip. Responding officers reported Kegley appeared intoxicated and resisted arrest. Officers stunned him with a Taser three times to restrain him and transported him to the Scioto County Jail. He was charged with first-degree misdemeanor domestic violence and resisting arrest, a second-degree misdemeanor.

Kegley was scheduled to appear for arraignment at 9 a.m. the next morning before Judge Mowery. After he was booked into jail, he tried to call his father several times.

About two hours after his son’s arrest, Judge Kegley called the jail, identifying himself as “Judge Kegley,” and asked to speak with his son. Kegley told his father his version of the events leading to his arrest, including that E.K. had “started hittin’” on him and that he never obstructed the police.

Judge Kegley instructed his son to hand the phone over to the corrections officer supervising the call, and the officer confirmed the charges. The judge told the corrections officer, “Let him sign his bond. He’ll be there tomorrow morning.”

Recognizing the judge’s order was contrary to the municipal court bond policy, the officer requested to speak with his supervisor first, and the judge agreed. The officer reached his sergeant at home and apprised her of the situation. She also acknowledged the order was contrary to policy but told the officer to release Kegley, although not until he was sober, or someone picked him up from the jail.

The officer relayed the information to Judge Kegley, who told the officer to release him when he was sober because “I’m not coming to pick him up.” A few hours later, in the early morning, Kegley was released. No one notified E.K. of her husband’s release.

Kegley returned home, and his wife was there. After she did not appear at work that morning, a prosecutor’s office administrator noticed Kegley was released from jail before his 9 a.m. court appearance. The administrator requested that Portsmouth Police Chief Debra Brewer conduct a welfare check on E.K. Brewer and she sent police officers to the home. Then, she went to Judge Mowery’s courtroom, where she learned Kegley did not appear for his arraignment. At the request of Brewer, Judge Mowery issued an arrest warrant for Kegley.

Police officers found E.K. sitting on the front porch of her home. She told them she was fine and said Kegley was inside. The officers were aware Kegley had been released from jail earlier that day. They called for additional officers and assistance from a SWAT unit. Brewer told the officers to remain on the scene until she arrived with the arrest warrant.

Kegley became aware of the police outside his home and called his father. The judge encouraged him to surrender and drove to the house. Kegley was arrested without deploying the SWAT team and was transported back to jail. He was charged with failing to appear in court. When Judge Kegley arrived at the home, his son was already in the police cruiser. The judge drove to the jail to speak with his son.

After being told that it was policy not to allow inmates to speak to family members during the booking process, Judge Kegley left and spoke to Judge Mowery about the particulars of his son’s next court appearance. Judge Mowery scheduled Kegley’s arraignment for a Tuesday, four days after his second arrest.

Shortly after his incarceration, Kegley again began calling his father for assistance. During one of those calls, Judge Kegley told his son, “I probably overstepped my bounds letting you sign a bond last night.” Later in the call, he added, “I’m not supposed to have anything to do with your cases.”

Kegley appeared in court and was released on a $1,000 bond. A temporary protection order was issued to E.K. Judge Mowery then recused himself from the case. In September 2023, Kegley pleaded guilty to amended charges of disorderly conduct and resisting arrest, which were third- and fourth-degree misdemeanors. He received a 60-day jail sentence, which was suspended, and six months of probation.

The Office of Disciplinary Counsel filed a complaint in June 2024 against Judge Kegley with the Board of Professional Conduct. The parties stipulated, and the board found, that Judge Kegley violated four sections of the Code of Judicial Conduct, including one that prohibits a judge from allowing a family relationship to influence the judge’s conduct or judgment. He also violated the rules requiring a judge to act at all times in a manner that promotes public confidence in the judiciary and prohibiting a judge from abusing the prestige of his office to advance the personal interests of others.

The board also found Judge Kegley’s communications with the jail personnel violated the judicial conduct rules, but not his conversation with Judge Mowery because the two judges did not touch on any substantive issues about the case.

In considering a proposed sanction, the board found Judge Kegley’s actions harmed a vulnerable victim. The board reported E.K. faced “significant harm when Case, after being discharged with domestic violence against her, was released from jail and immediately returned to their home.”

The board compared Judge Kegley’s misconduct to nine other cases where judges were sanctioned for similar rule violations. Sanctions in all of those cases ranged from a public reprimand to six-month suspensions. In its recommendation of a public reprimand, the board noted Judge Kegley “acknowledged almost immediately that he should not have interfered in his son’s case” and attributed his actions to a “one-time mistake of poor judgment.” The board noted Judge Kegley has no prior disciplinary actions and presented evidence of his good character and reputation.

The Court’s opinion found the board failed to account for the judge’s “disregard of the personal safety of his daughter-in-law who had been the victim of domestic violence.”

“Based on the foregoing, we concluded that the public reprimand recommended by the board would not reflect the gravity of Kegley’s misconduct in this case,” the opinion stated.

In addition to the stayed suspension, the Court ordered Judge Kegley to pay the costs of the disciplinary proceedings.

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