Mahoning County judge accepts Ohio Supreme Court reprimand
The Ohio Supreme Court has issued a public reprimand to Mahoning County Probate Court Judge Robert Rusu for violating the rules of conduct established for members of the legal profession.
The Ohio Supreme Court has issued a public reprimand to Mahoning County Probate Court Judge Robert Rusu for violating the rules of conduct established for members of the legal profession.
The justices on Wednesday accepted the recommendation of the Ohio Board of Professional Conduct that found Judge Rusu was in violation of a rule that mandates that he acts in a manner promoting public confidence in the independence, integrity, and impartiality of judges.
A Public Reprimand is a public statement issued by the Supreme Court of Ohio informing the public that a lawyer committed misconduct.
The recommendation came following a complaint filed with the Ohio Supreme Court alleging that after taking over as county Probate Judge, he presided over 185 cases in which he represented clients while he was still an attorney with the law firm of Lane & Rusu Company. After becoming a judge, Rusu sold his partnership interest in the law firm.
Judge Rusu's decisions in those cases including appointing fiduciaries, approving legal fees for his own work (or his previous law firm), approving guardian fees, settlements, addressing cases with delinquencies, approving magistrate decisions, and waiving guardianship matters.
In a previous statement, Judge Rusu explained that he handled more than 1,300 cases during his 23 years as a probate attorney and that some of those cases are still pending.
Rusu said that he believed that some of those cases he heard after being appointed as a judge in July 2014 were not matters of controversy and did not require him to disqualify himself from presiding over the case.
In its findings, the Board of Professional Conduct said that Rusu has accepted responsibility for his actions, has no prior disciplinary record, and was not motivated by selfishness or dishonesty.
Rusu was appointed to the Probate Court position in 2014 by Governor John Kasich, after the conviction of former Judge Mark Belinky and was then elected that same year.
Judge Rusu issued the below statement:
Below please find Judge Robert N. Rusu, Jr.’s public statement regarding the recent ruling from the Ohio Supreme Court:
“When I became judge, I was attempting to transition from a large probate law practice with hundreds of cases and files to becoming the probate judge. 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. I appreciate that the Supreme Court found that I was ‘frank and open’ about everything and that I took responsibility for my actions. I also appreciate that the court found that none of my actions ‘caused measurable harm or resulted in anything less than the even handed administration of justice.’ I’m thankful for the strong showing of public support I’ve received during this time and I will continue to do my very best as the Mahoning County Probate Judge.”
Robert N. Rusu, Jr.
Judge, Mahoning County Probate Court
The Ohio Supreme Court opinion may be seen here