Court publicly rebukes Judge Rusu

By JUSTIN DENNIS

jdennis@vindy.com

YOUNGSTOWN

The state’s high court has decided Judge Robert Rusu of Mahoning County Probate Court should be publicly reprimanded for failing to recuse himself as judge from cases he previously took as an attorney.

A complaint filed in January 2018 accused Judge Rusu of hearing more than 185 cases in which he had previously served as an attorney, as well as failing to notify several “active” clients about seeking new counsel after taking the bench.

The Ohio Supreme Court Board of Professional Conduct ruled he violated a judicial conduct rule regarding judge impartiality. Judge Rusu admitted to the misconduct early on, claiming he misinterpreted judicial rules.

“When I became a judge, I was attempting to transition from a large probate law practice with hundreds of cases and files to becoming the probate judge,” Judge Rusu said in a statement Wednesday. “I was also trying to make all the proper notifications and follow all of the complicated ethical rules for this transition. I accept responsibility for misinterpreting those rules. It’s no one else’s fault but my own.”

The supreme court’s Wednesday opinion ruled a public reprimand was the proper punishment for Judge Rusu’s misconduct.

“Nothing in the record indicates that Rusu’s misconduct that is at issue in this case caused measurable harm to any litigants or resulted in anything less than the evenhanded administration of justice,” the opinion reads. “By performing judicial functions in the same cases in which he had previously represented clients, however, Rusu created an appearance of impropriety that adversely reflected on the independence, integrity and impartiality of the judiciary – even though many of his actions were ministerial in nature.”

Judge Rusu also must pay any costs arising from the case.

Former Gov. John Kasich appointed Judge Rusu to the county probate bench in July 2014 after the resignation of former Probate Court Judge Mark Belinky, who was convicted of tampering with campaign contribution records. Judge Rusu was elected to a full term on the probate bench in November 2014.

“I’m thankful for the strong showing of public support I’ve receive during this time, and I will continue to do my very best as the Mahoning County probate judge,” Judge Rusu said.