Suspended Tiffin judge cannot be held liable for civil rights violation, court says.
The exterior of Potter Stewart U.S. Courthouse, which hosts the Sixth Circuit Court of Appeals, on Friday, Jan. 20, 2023, in Cincinnati. COLUMBUS, Ohio – A Seneca County judge’s 2020 jailing of a court spectator for refusing to take a drug test he demanded from the bench cost him his law license for one year.
. She sat watching her boyfriend’s hearing when Repp ordered the drug test and 10-day jail sentence for contempt when she refused.the charge against her the next day, after county prosecutors and her defense attorney argued it violated the state and federal constitutions. Orta later sued Repp in federal court.
“Professional penalties may not provide full comfort or vindication to Orta,” the judges wrote. “But she and the rest of society benefit when judges can decide the law without apprehension of personal consequences, even if unfairness and injustice may result on occasion.
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