Saturday, September 25, 2004

Powers' accuser list grows


Clerk claims judge posed sex questions

By Janice Morse
Enquirer staff writer

[photo]
Warren County Court Judge Dallas Powers faces yet another accusation.
The Enquirer/GLENN HARTONG
LEBANON - A fifth woman has levied a sexual-harassment complaint against Warren County Court Judge Dallas Powers, prompting county officials to ask an investigator to interview all court employees.

"Let's get this aired, and let's get this investigated, and let's get this settled," County Commissioner Pat South said Friday.

The latest accusation means that almost one-third of the court's 17 female employees have made sexual-harassment complaints against Powers in less than a month. The allegations have sparked three investigations and the threat of a lawsuit.

One woman alleges that Powers fondled her and coerced her into sexual contact in his court chambers. The other women accuse the 70-year-old judge of making inappropriate sexual comments, engaging in sexual contact with his alleged mistress in the office and discriminating against employees who did not provide him with sexual favors.

A lawyer for one of the women has threatened to sue Powers and the board of county commissioners.

Powers, who works part time and makes about $38,000 a year, has been on a voluntary paid leave as the investigations continue. Judge James Heath has taken over Powers' cases and his administrative duties. County commissioners appointed Jim Spaeth, the elected Common Pleas Court clerk, to supervise clerks in Powers' court.

Powers has not been charged with any crime.

In a letter to South, Heath said a deputy clerk, whose name was not released, came to him Thursday and said that "on several occasions, Judge Powers approached her and asked her if she liked sex."

The woman also told Heath that "one evening (Powers) appeared at her home uninvited and unannounced."

Powers allegedly made comments about the woman's appearance and "gave her direction on how to wear her hair and what type of clothing to wear," Heath said in the letter. The letter does not indicate when the incidents happened or offer additional details about Powers' alleged visit to her home.

Powers' lawyer, John D. Smith, said his client will not respond publicly to the allegations.

But Smith questioned the timing of the complaints:

"If everybody has become so emboldened after 16 years of oppression, why are things trickling out weeks and weeks later after the first complaint? This makes no sense to me," he said.

Smith said he would not comment on the allegations because officials have not given him the names of the women or specific details of each allegation.

"It means nothing to me until I can confront somebody ... and that hasn't happened yet," Smith said.

Judge Heath referred the latest complaint to the Adams County prosecutor. Warren County officials, citing a conflict of interest, asked officials from Adams County to investigate the allegations when they first surfaced.

Officials in Adams County handed over information to the Ohio Attorney General's Office, which is investigating Powers. South said Friday that the Ohio Supreme Court Disciplinary Counsel also has been asked to investigate Powers. The office cannot talk about ongoing investigations unless they formally accuse a lawyer or judge of professional misconduct.

South said Friday that she understands why some employees delayed coming forward.

"There's been a lot of mental anguish going on in the office," she said, "and it takes quite a bit of bravery to step forward."

To avoid a piecemeal investigation, South said the Adams County investigator will talk to court employees.

"This investigation keeps getting deeper,'' South said. "And it really disturbs me that that many employees in a relatively small operation were affected - and none of them felt comfortable to come forward before now."

E-mail jmorse@enquirer.com