The Ohio Supreme Court has denied the request to reinstate the law license of former Scioto County Common Pleas Judge William T. Marshall.
Marshall, who applied for reinstatement for his license Feb. 21, 2020, was denied Monday by the court after the judge was suspended for six months due to inappropriate conduct.
According to the complaint, in September 2016, Marshall’s then 17-year-old daughter, identified in court records as A.M., was stopped in Scioto County by Patrol Sergeant David Stuart. A.M. immediately identified herself as the daughter of “Judge Marshall.” During the stop, she called her father and handed Stuart the phone. Stuart informed Marshall, he stopped his daughter for speeding and that she was 14 mph over the speed limit and was driving with expired tags. Marshall disputed that the tags were expired. Stuart issued A.M. a speeding ticket and gave her a warning for the expired tags.
According to the complaint filed, the traffic case was assigned to a juvenile court magistrate. Shortly after the assignment, Marshall attempted to discuss his daughter’s ticket with an assistant county prosecutor, who was in his courtroom on an unrelated matter. Marshall told the prosecutor that he did not like Stuart.
Three months after the case, the Office of the Disciplinary Counsel filed a complaint with the Board of Professional Conduct charging Marshall with misconduct arising from his conduct in his daughter’s traffic case. The parties entered a “consent-to-discipline” agreement and stipulated that Marshall violated several judicial-conduct rules, including failing to act at all times in a manner that promotes public confidence in the judiciary, abusing the prestige of judicial office, and exhibiting bias or prejudice in the performance of his judicial duties.
The Office of Disciplinary Counsel recommended that Marshall be suspended for six months and noted that he had retired from the bench. The Supreme Court adopted the board’s recommendation.
Marshall was ordered to immediately cease and desist from the practice of law in any form and was forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency or other public authority.
In January 2013, according to court documents, Marshall hit an embankment and overturned his vehicle. He pleaded guilty two months later to operating a motor vehicle while intoxicated. The trial court sentenced him to 90 days in jail, with 87 days suspended, and probation, plus a $550 fine and court costs.
The Office of the Disciplinary Counsel, which filed the charges in the case, and Judge Marshall agreed that his conduct damaged public confidence in the judiciary’s integrity, violating judicial conduct rules. They also agreed to certain facts and the proposed sanction of a public reprimand.
The reprimand consisted of court documents stating Marshall was not following judiciary rules and misrepresenting the judiciary system.
The Ohio Supreme Court approved the board’s conclusions and the public reprimand in a unanimous, per Curiam opinion.
Reach Adam Black at (740) 353-3101 Extension 1927
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