IS THERE AN ILLEGAL JUDGE ISSUING COURT ORDERS

IN PORTSMOUTH MUNICIPAL COURT?

Stephen P. Donohue, Shawnee State Legal Counsel and Vice President, [Defacto Ruler]

is also a substitute Portsmouth Municipal Court Judge. Is this legal?

Did Judge Donohue commit theft in office in his billings?

by Doug Deepe, Investigative Reporter

(Posted 3:00 p.m., Monday, July 7, 2003)

Ohio Revised Code Section 1901.10 (A) (2) of the Oath of office; vacancy; appointment of substitute or additional judge section reads as follows: "If a judge of a municipal court that has only one (1) judge is temporarily absent, incapacitated, or otherwise unavailable, the judge may appoint a substitute who has the qualifications required by section 1901.06 of the Revised Code or a retired judge of a court of record who is a qualified elector and a resident of the territory of the court.

Local attorneys are concerned that the appointment of Judge Donohue to sit on the bench whenever Judge Kegley or Judge Schisler is out of their office may be a violation of the Ohio Revised Code. Portsmouth Municipal Court has two (2) elected judges, not one, yet appointed Judge Donohue continues to sit on the bench when one of the judges is out of the office either on vacation or off sick.

Judge Richard T. Schisler told the Sentinel that "it’s legal, but I can’t remember the section that covers it." (Is that surprising?)

Section 1901.10 (B) states: "When the volume of cases pending in any municipal court necessitates an additional judge, the chief justice of the supreme court, upon the written request of the judge or presiding judge of that municipal court may designate a judge of another municipal court or county court to serve for any period of time that the chief justice may prescribe.

This doesn’t fit this situation.

Three local attorneys questioned the integrity of the Portsmouth Municipal Court claiming that Mr. Donohue took to the bench prior to receiving the proper certification (which he now possesses) and appeals are being contemplated on those first few cases Donohue presided over. The defense attorneys stated to the Sentinel, "When he (Stephen P. Donohue) took to the bench it was a nightmare. He was not qualified to do the job and the attorneys were walking him through the procedures. It was a joke but then again, we’re talking Portsmouth."

The Sentinel has paperwork filed with the Portsmouth Clerk of Courts that shows Judge Donohue’s payroll information. In that information are letters written to Mr. Leroy Kegley, Municipal Court which references "Employment as Temporary Municipal Judge." One letter is written on Shawnee State University Letterhead from the Office of General Counsel for Shawnee State University.

According to William K. Shaw, Assistant Scioto County Prosecuting Attorney, any use of state materials for personal business is "theft in office", a felony. In fact, Prosecutor Shaw is found in court transcripts telling a jury that if a state official (such as Donohue) takes so much as a paper clip for personal use, it is "theft in office."

Judge Donohue billed Portsmouth Municipal Court for $1380 in one of the billings provided to the Sentinel. Why is Judge Donohue sitting on the bench when Portsmouth has at least one judge at the courthouse each day?

Maybe the new President of Shawnee State University should review the files for Attorney Stephen P. Donohue to see how many other personal letters he has sent out on Shawnee University letterheads for personal business.

Maybe the Scioto County Grand Jury could look into Stephen P. Donohue’s illegal use of Shawnee State University property. -Doug Deepe-