Appeals court slams suspended Judge Tracie Hunter, reverses 2012 ruling in
custody case
Judge: Hunter's ruling was utterly unconscionable
CINCINNATI -- An appeals court slammed suspended Hamilton County Juvenile
Court Judge Tracie Hunter Friday for her decision in a past custody case.
In documents filed Friday, the First District Court of Appeals reversed
Hunter’s ruling to eliminate a mother's custody of her children in 2012
and called her actions “unreasonable.”
“(Hunter’s) judgment was… utterly unconscionable,” Appeals Court Judge
Sylvia Hendon wrote. “We therefore hold that the trial court abused its
discretion in adopting the magistrate’s decision.”
In that case, a mother appealed a magistrate’s ruling to award the custody
of her children to the Hamilton County Department of Job and Family
Services.
Hunter was required to rule on the mother’s appeal within 60 days after a
Nov. 12, 2012 hearing.
But Hendon said that didn't happen.
After more than 11 months, the appeals court forced Hunter to rule on the
case. Two days later, Hunter decided in favor of the magistrate and
removed the mother’s custody of her children.
RELATED: Hunter's lawyer responds to felony allegations
Hunter cited “time constraints” in her ruling, claiming her court did not
have the time to “rectify the shortcomings” of the mother’s legal
arguments.
“(Hunter’s) ruling was in derogation of the trial court’s duty… and it was
particularly egregious given the fact the trial court’s judgment in this
case terminated the mother’s parental rights,” Hendon wrote. “The right of
a parent to raise his or her child is considered ‘essential’ and a ‘basic’
civil right.”
Hendon said parents in dependency proceedings are to be given every legal
protection allowed, but Hunter did not provide that.
The higher court ruled a lack of time to fully review the magistrate’s
decision is not a valid excuse for Hunter, but a failure to abide by the
law.
The Ohio Supreme Court suspended Hunter from her position in January after
she was indicted on a series of felony charges.
Grand jurors indicted Hunter on eight counts of criminal activity
including tampering with evidence, theft in office, forgery and having an
unlawful interest in a public contract.
RELATED: Hunter's supporters say 'truth will come out'
The tampering with evidence charge involves the backdating of judicial
entries to reflect they had been created and signed on a certain date --
when they had not, prosecutors said.
Hunter is also accused of unlawful conduct in regard to her brother Steven
Hunter's employment with the Hamilton County Juvenile Court.
Prosecutors said the theft in office charge against Hunter refers to the
unlawful expenditures of public funds to pay unauthorized filing fees with
the Supreme Court of Ohio.
Hendon was assigned to temporarily act as juvenile court judge while
Hunter faces the felony charges.
http://www.wcpo.com/news/local-news/appeals-court-slams-suspended-judge-tracie-hunter-reverses-2012-ruling-in-custody-case