Thursday, July 01, 1999
Did judge seek help in brother's case?
Presentence letter raises ethics issue
BY TOM O'NEILL
The Cincinnati Enquirer
A letter soliciting support for a former high school teacher who is to be sentenced for 44 counts of sexual battery on two female students has come to the attention of the Ohio Supreme Court disciplinary board because one of the people who signed it is a judge.
Jack Walker could get life in prison when sentenced in Clermont County Common Pleas Court on Aug. 20 by visiting Judge George Elliott.
Mr. Walker, a former teacher at Batavia High School, is the brother of Judge William Walker of Clermont County Common Pleas Court. The letter, obtained by The Cincinnati Enquirer from the Clermont County Sheriff's Department, is signed by Jack Walker's wife, Kay, sister Judy, and brothers Larry, Don and Bill.
Don Walker, reached Wednesday, confirmed that the Bill Walker who signed it is the judge. He declined to comment further.
The letter does not identify “Bill Walker” as a judge, nor is it written on official court stationery.
Even so, if the judge signed the letter, it raises ethical questions, said Lori J. Brown, first assistant counsel for the state Supreme Court Office of Disciplinary Counsel.
Canon 4A of the Code of Judicial Conduct, which addresses “the appearance of impropriety in all of the judge's activities,” says:
“A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others and shall not ... permit others to convey the impression that they are in a special position to influence the judge.”
Judge Walker was unavailable for comment Wednesday.
The letter is not addressed to anyone specifically. It apparently is being sent to those the Walkers think might still regard Jack Walker favorably.
In it, the Walkers write: “Jack is experiencing deep remorse. He brought disgrace upon himself, inflicted pain upon those he cares about, and lost his teaching career.
“So far, the judge has only been given a negative portrayal of Jack. It would be very helpful if a one-page letter favorable to Jack were received by the judge as a part of our pre-sentence filing due on July 30, 1999.”
It urges the writer to “(a) identify who you are, (b) state how long you have known Jack and under what circumstances, (c) relate something positive or good that can be attributed to Jack, and (d) encourage in your own words leniency in sentencing.”
The letter cites “the very important issue of whether or not he (Jack) is a "sexually violent predator.'” The criteria are that he be convicted of a sexually violent crime, a category in which sexual battery, a third-degree felony, is listed. The second is whether Judge Elliott rules he is likely to commit such an act again.
If the judge does, Jack Walker would receive a two-years to life sentence — on each of the 44 counts.
Judge Elliott was brought in from Warren County and prosecutor Rick Gibson from Hamilton County because of Judge Walker's position in the courts.
Mr. Gibson confirmed he was aware of the letter, but said he would not comment on it until after sentencing.
Mr. Walker's victims were students in his history and drama classes, and the sexual contact with one of the girls continued after she graduated.
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