Report recommends no discipline for judge who had affair

A Butler County judge who had an extramarital affair with a court reporter did not retaliate against her after their 9-year relationship broke up, according to an investigation report released to the Middletown Journal/JournalNews Thursday.

Judge Michael Sage’s accuser, Jennifer Olivier, is singled out as the “bully” in the 50-page report from attorney Scott Warrick, who was hired by the county to conduct the investigation into retaliation claims by the woman.

Warrick said Sage does not deny the affair, but he recommended no discipline for the judge or the other employees. The report says Olivier created a hostile work environment.

“In my opinion, Ms. Olivier’s legal claims have no merit at all,” Warrick wrote. “What Ms. Olivier seems to forget through all of this is that she simply does not have clean hands here. Ms. Olivier is the other woman.”

“Where I see Judge Sage experiencing a great deal of embarrassment, I do not see that same response in Ms. Olivier,” Warrick said in the report. “If people treat her differently because they know of this affair, which I do not believe is happening here, there is nothing illegal about that. “

Warrick added, “In short, I see Ms. Olivier as the bully – and this conduct must not be allowed to continue for one more hour.”

Olivier, 44, told the JournalNews that she was counseled after the report was released Thursday and she is still working for the county.

“I am reviewing with my attorney what my next steps will be,” Olivier said.

Warrick said he does believe Olivier was “protected” by Sage and that the judge was aware people believed he was protecting her.

“It was a commonly held belief throughout the courthouse that he thought the world of Jennifer Olivier ... and no one was going to “mess” with her. This is what also led to the commonly held belief that there was an affair going on between them, which was true,” Warrick wrote. “I believe that Ms. Olivier was in fact protected by Judge Sage. However, it does not appear that he knew exactly how much she was doing “in his name.” ... I am told that no one wanted to approach the judge and tell him that they thought his favorite court reporter was a bully.”

Sage’s attorney’s released a statement Thursday afternoon saying the judge wants to put the matter behind him.

“Judge Sage has an exemplary record as a common pleas judge. In his 21 years as a judge, Judge Sage has diligently served the people of Butler County,” said attorney Linda Woeber.

Judge Sage and his wife Deby Sage would like to thank the community for the outpouring of support they have received by phone, email, and letters over the last month from the people of Butler County.

Warrick said during his interview with court staff, he continually heard the terms “manipulative,” “liar,” “hateful,” and “vengeful” to describe Olivier.

Olivier told lies and half-truths when interviewed for the investigation, especially about an a letter demanding $350,000 she sent the judge, according to Warrick.

“The truth of the matter is the demand letter was in fact sent from Ms. Olivier’s attorneys to Judge Sage,” Warrick said. “I have read it and saw very clearly that Ms. Olivier was asking for $350,000 from Judge Sage. What also struck me about the letter is that it did not contain even one legal basis for demanding such a sum in it anywhere.”

In the complaint filed in April, Olivier said Sage pursued a personal relationship with her in 2003, a year after she became a county court reporter. In 2007, when the number of cases and court reporters grew, she was assigned as Sage’s full-time court reporter.

Olivier said she often performed duties including planning special events, helping plan Sage’s father’s funeral, attending luncheons at Miami University and preparing gift bags for attendees of events hosted by Sage.

According to the complaint, Sage prided himself with protecting the jobs of court reporters even when a down turn in the economy had county administrators talking about cuts.

“Judge Sage constantly reminded us that he was ‘the number one supporter of court reporters, and nobody was going to take him on,’” Olivier wrote in the complaint. “He would say he was ‘bulletproof.’”

Olivier said she was included in staff meetings and office celebrations as a member of what the judge called “Team Sage.” But that stopped on Dec. 16, when the Sage ended their nine-year relationship, according to Olivier.

Sage’s wife, Deby, returned home from Florida and the judge said they had “had it out,” according to Olivier’s complaint. She said Sage indicated his wife threatened to turn his children against him and further destroy his career.

After the break up, Olivier said Sage’s bailiff and judicial assistant were rude to her and she was no longer included in office gatherings.

Contact this reporter at (513) 820-2168 or lauren.pack@coxinc.com.

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