Journal-News.com

Warren County Commissioner Mike Kilburn's harsh words last week could be the least of Judge James Heath's worries.

The video of the Warren County Common Pleas judge's drunk driving arrest in October can be seen all over the Internet. Supreme Court spokesman Chris Davey said he could not discuss this incident, but added it does not take someone bringing a complaint to the court's disciplinary counsel for an investigation to ensue.

Heath is seen on the tape doing a wobbly walk and turn test and heard begging the officer not to arrest him. Heath said more than once on the tape that the state patrol officer was putting him in a horrible position.

"Don't do this, don't do this, this is horrific, this is horrific" Heath said. "How am I supposed to hear cases from the state highway patrol?"

The patrolman responded, "I did not put you in this position, you put me in this position."

Heath pleaded guilty in December to the lesser charge of reckless operation of a motor vehicle in Clinton County, after he was caught running a red light on Locust Street in Wilmington at 1:45 a.m. Oct. 25.

Kilburn last week called for Heath's resignation, calling him nasty names, the least of which was "girly." However, Kilburn said Tuesday, Feb. 17, he'll likely not take the matter further. He believes others, like the high court, will take care of that for him.

"I said all I want to say about this. I have a habit of saying what other people are thinking and sometimes the press beats me up over it. That's okay, if I had it to do over nothing would change," Kilburn said. "I'm really tired of talking about it and don't have any comments. But I'm convinced the people feel the same way I did."

Heath's incident almost mirrors that of former Supreme Court Justice Alice Robie Resnick's in 2005. She was pulled over in Wood County and was heard on tape saying "My God, you know, I decide all these cases in their favor and my golly and look what they're doing to me."

Heath refused to take a Breathalyzer test, but Resinck submitted to a roadside one which registered a 0.216 blood alcohol content.

A special panel of the Supreme Court gave Resnick a public reprimand on the drunk driving conviction because judges are supposed to follow the law.

Jeff McQuiston, the special investigator in Resnick's case, said after he interviewed the patrol officer he was satisfied the officer didn't feel intimidated by Resnick, or believe she was using her office to extract a favor.

It will remain to be seen what happens to Heath — investigations are secret until or if charges are actually filed. Investigations usually take several months, according to McQuiston.

Canon 4 of the judicial code, which says judges should avoid the appearance of impropriety, reads: "For example, it would be improper for a judge to allude to his or her judgeship to gain a personal advantage such as deferential treatment when stopped by a police officer for a traffic offense."

Heath corrected the patrolman at least once on the tape when the office referred to him as "Mr." instead of "judge."

Heath would not comment on Kilburn's statements and would not comment on whether he is considering resigning.

"I admit I made a mistake and I deeply apologize for that mistake," Heath said. "I have taken responsibility for it and I am taking steps to make sure something like this never happens again."

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.