TRUMBULL COUNTY Judge will remove himself from civil case

The judge didn't give a specific reason for his action.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- The judge hearing a controversial 51/2-year-old civil case involving the developer of Camden Pond neighborhood in Howland says he will take himself off the case.
Judge John Stuard had been scheduled to hold a hearing in Trumbull County Common Pleas Court this week on a case involving David and Marilyn Miller of Howland vs. Castle Enterprises and its president, William Fleming of Howland.
The Millers sued Fleming over a home the developer was asked to build for them on Canvasback Drive. The Millers in Judge Stuard's courtroom were granted a judgment against Fleming of $565,000 in 2002.
The Millers bought the home from Fleming at the stage where the outside was completed but not the inside. They had the home completed themselves and still live there, they said.
The issues still being argued in court are basically the same as in the beginning, David Miller said Friday. He said Fleming has only paid a small part of the $565,000 judgment over the years. He said the amount he and his wife have received isn't as much as the legal fees they've paid.
Other residents of the neighborhood have also sued Fleming. One case involved a house that was never completed and has become an eyesore because of weeds and construction materials. He has several cases pending in common pleas court in addition to the one by the Millers.
Calls seeking comment from Attorney Donald Ford Jr., who represents Fleming, have not been returned. Atty. Randil Rudloff, who has represented the Millers since the lawsuit was filed, said he would not comment on pending litigation.
Recusal
On Thursday, lawyers for the Millers and Fleming talked in judge's chambers instead of holding a hearing. Afterward, Judge Stuard said he was going to recuse himself from the case. An office employee said the order would be filed Monday.
Judge Stuard did not indicate a specific reason for recusing himself, but he mentioned a couple of the situations that have arisen that have made the case unusual.
First, he mentioned a judgment entry from Nov. 22, 2004, that was rubber-stamped with his signature -- though stamped by mistake by his office. He said some judgment entries are signed with his signature and other, more routine matters, are stamped.
The mistaken judgment entry involved an order by the court to deny a motion by Fleming about a settlement agreement, Judge Stuard's office said.
Second, this case involved a defendant who did not attend important hearings in 2002 and later said he did not receive letters sent through the U.S. Postal Service notifying him of the hearings. One of the hearings Fleming missed involved the judge ordering him to pay the $159,000 the Millers asked for in their lawsuit, plus damages.
Third, the case was interrupted partway through because of an appeal to the 11th District Court. It was then brought back to the common pleas court for further proceedings.
runyan@vindy.com