Judge recuses himself in Marshall case

January 17, 2013

Frank Lewis

PDT Staff Writer

A Jackson, Ohio judge has recused himself in the DUI case of Scioto County Common Pleas Judge William T. Marshall, and the Ohio Supreme Court had named a replacement. Meanwhile, Marshall, 56, facing a charge of driving under the influence of alcohol, has asked for and received a continuance in his case in Jackson Municipal Court.

Around 3 p.m. Saturday, a 2005 Toyota Prius, driven by Marshall, was eastbound on Ohio 140 in Jackson County, when it left the roadway, struck and embankment and overturned. Lt. Ann Ralston of the Ohio State Highway Patrol said Marshall was arrested and charged with operating a vehicle under the influence of alcohol after a breath test showed his blood alcohol content to be .222. The legal limit in Ohio is 0.08.

Marshall was scheduled to appear in Jackson Municipal Court on Thursday, but on Wednesday filed a Motion to Continue, and told Jackson court authorities he intends to represent himself in future proceedings. Marshall was granted the continuance.

“Our judge (Mark Musick) has signed an order of recusal taking himself off the case. When you have adjoining counties, you just want to make sure everything is done right,” Jackson Clerk of Courts Diana Morris said. “I called the Supreme Court of Ohio to get an assigned judge. The Supreme Court has been contacted. They just called me back a few minutes ago. Judge Jerry Dumm of Circleville, Ohio has been assigned to hear the case. And he shall sit through the remainder of the case.”

Morris said no date for future hearings has been set because of the logistics of scheduling the visiting judge to travel to Jackson for proceedings. She said she hopes to have a date set in the next several days. Morris said the case has to be scheduled within the next 30 days.

Marshall is best known in this area for the highly successful Scioto County Drug Court, which offers an alternative to incarceration to qualified offenders.

On Monday, two days after his arrest, Marshall said, “I’m humiliated and I’ve humiliated my family. This was stupidity on my part, and I am very sorry to those that I’ve hurt. It was very foolish, and I am very grateful that no one was injured.”

Frank Lewis may be reached at 740-353-3101, ext. 252, or at flewis@civitasmedia.com