Judge James Bates has recused himself from presiding over the civil lawsuit filed by the city of Toledo in Lucas County Common Pleas Court over the responsibility of bed costs at the regional jail near Stryker, Ohio.
In a request submitted Monday, Judge Bates told Judge Gary Cook, the court’s administrative judge, that it would not be appropriate for him or any of the other nine common pleas judges to handle the lawsuit because of claims involving court services made by Lucas County in a counter lawsuit.
The judge’s disqualification notice will be sent to the Ohio Supreme Court, which will appoint a judge from outside the county to preside over the case.
Andy Douglas, a retired state high court justice retained by Toledo in the litigation, filed an affidavit of disqualification with the state Supreme Court on Jan. 8 to have Judge Bates removed because of a potential conflict of interest.
In the request, Mr. Douglas referred to a Nov. 20 letter written by Prosecutor Julia Bates to state officials expressing concern if Toledo would not be able to pay its share of Correction Center of Northwest Ohio’s operating costs and the impact it would have on jail operations. Mrs. Bates is married to Judge Bates.
The affidavit alleges Mrs. Bates publicly declares in the letter that Toledo would 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 later defended himself against the affidavit for disqualification with a response to the Supreme Court that said his wife was only advising state officials to the possibility of the facility’s closing if Toledo failed to pay for the 238 beds it uses.
Mr. Douglas praised Judge Bates for recusing himself.
“After he would have time to fully review the matter, I had no doubt that he would do the right thing, which in my judgment was to recuse himself. He should be commended for taking that course of action,” Mr. Douglas said.
The lawsuit, which Toledo filed Dec. 7, asks the court to hold Lucas County responsible for costs of housing all state prisoners regardless of which agency arrested them and which court sentenced them.
The lawsuit also sought reimbursement for bills Toledo has paid for such prisoners in the past and asked the court to nullify an operating agreement approved last May by the board that governs the Corrections Center of Northwest Ohio. The city voted against adopting that agreement.
Contact Mark Reiter at: markreiter@theblade.com or 419-724-6199.
First Published January 26, 2016, 5:00 a.m.
