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Judge rejects conflict claim over jail

THE BLADE

Judge rejects conflict claim over jail

Issue related to wife’s letter

A Lucas County judge has defended himself against allegations of personal bias in the city of Toledo’s lawsuit against the Corrections Center of Northwest of Ohio over the responsibility of bed costs at the jail near Stryker, Ohio.

Judge James Bates, in a response filed Friday with the Ohio Supreme Court, rejected claims about a possible conflict of interest made by Andy Douglas, a retired state high court justice who is representing Toledo.

Mr. Douglas filed an affidavit of disqualification Jan. 8 with the high court, requesting that Judge Bates be removed because of statements his wife, Lucas County Prosecutor Julia Bates, made in a letter to state officials about the possible financial crisis facing CCNO if Toledo would withdraw from the jail.

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The affidavit alleges Mrs. Bates “publicly declared” in a Nov. 20 letter to Gov. John Kasich and others that Toledo could be violating the CCNO operating agreement because it had not met the Oct. 15 deadline to commit to beds it will need in 2016.

Judge Bates, who was elected to the common pleas bench in 1990, said the intent of his wife’s letter was to advise officials of the possibility of the facility’s closing and her concerns should that happen.

He said Mrs. Bates suggested the need for “proactive support and intervention from all relevant state agencies to insure a contingency plan for the housing of CCNO inmates in the event the facility closes.”

Judge Bates also noted that Prosecutor Bates, whose office represents Sheriff John Tharp, has not entered an appearance in the case or signed any pleadings. He also said that the high court has previously rejected affidavits for disqualifications filed by attorneys in criminal cases.

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Ohio Supreme Court Chief Justice Maureen O’Connor will rule on Mr. Douglas’s request.

Mr. Douglas, who has worked at times for the Columbus law firm Crabbe, Brown & James since he retired from court in 2002, is assisting the Toledo law department in the complaint.

The city is asking the court to hold Lucas County responsible for the costs of housing all state prisoners regardless of which agency arrested them and which court sentenced them.

Toledo is also seeking reimbursement for payments the city previously made for such prisoners and asked the court to nullify the amended operating agreement approved by the CCNO governing board last May that holds members responsible for the costs of inmates sentenced from their jurisdictions.

First Published January 16, 2016, 2:55 p.m.

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