Stow Municipal Court Judge Kim Hoover faces state complaint over handling of defendants

A longtime municipal court judge is accused of using "illegal and coercive tactics" against defendants in criminal cases in a 35-page complaint that was certified to the state Board of Professional Conduct on Monday.

In the complaint, the Ohio Office of Disciplinary Counsel alleges Stow Municipal Court Judge Kim R. Hoover frequently issued orders, "such as imprisonment for several days or detention for several hours, to force unrepresented criminal defendants to pay their fines and costs” — in apparent violation of guidelines for municipal court conduct set by the Ohio Supreme Court.

"I am aware of the complaint filed," Hoover said in a statement released Tuesday. "I deny making defendants pay fines/costs is a violation of ethical standards. I will respond to the complaint in a timely manner and look forward to a complete hearing on the issues."

Hoover has until Dec. 27 to file an answer to the complaint.

After it reviewed the complaint and investigation summary from the Disciplinary Counsel, a panel of the Board of Professional Conduct determined probable cause existed, and certified the complaint to the Board of Professional Conduct on Monday.

The Disciplinary Counsel is requesting the Board of Professional Conduct find Hoover in violation of the Ohio Code of Judicial Conduct and the Ohio Rules of Professional Conduct and impose sanctions on him.

The complaint describes 12 different cases spanning September 2007 through January 2021 that were handled by Hoover in which he employed tactics that the Disciplinary Counsel said violated provisions of the Ohio Code of Judicial Conduct and the Ohio Rules of Professional Conduct.

In the complaint, Disciplinary Counsel attorneys write that the Ohio Supreme Court in 2014 sent a "bench card" to all municipal courts to inform judges about the proper procedures for collecting fines and costs.

Before jail time can be imposed for willful failure to pay a fine, the bench card noted, state law requires a judge to: conduct an evidentiary, economic ability-to-pay hearing; advise the defendant of the right to counsel; and find the defendant is able to pay but refuses to do so. The bench card also said judges must separate fines from court costs and other financial sanctions, and provide reasonable notice to the defendant of a hearing.

The Disciplinary Counsel stated in the complaint that Hoover “routinely ignores the statutory and procedural safeguards” of the state law enumerated on the bench card. The counsel also claims that, through these actions, Hoover has “exhibited a bias against people who appear without counsel and cannot afford to pay their fines and costs.”

The complaint also noted Hoover has “repeatedly and publicly stated” for the last several years — including in the Republican primary election that he lost to fellow Stow Municipal Court Judge Lisa Coates in May — that the Stow Municipal Court should be self-funded.

In that contest, Hoover was running for municipal court judge from a safe seat. His term was not expiring for four more years, and he was attempting to win election to another six-year term.

What happens next

If Hoover files an answer to the complaint by the deadline, a three-member panel of the Board of Professional Conduct will conduct disciplinary hearings.

That panel can unanimously vote to dismiss the complaint or make a recommendation to the full board on whether a violation occurred — and what the sanction should be for that violation.

The full board can also vote to dismiss the complaint. If the full board agrees with the three-member panel's recommendation or the master commissioner, it will make a recommendation to the Ohio Supreme Court on an appropriate sanction.

The case is then filed with the clerk of the Ohio Supreme Court, and the parties involved may file objections to the board's report and have oral arguments. The court would then render its decision.

Reporter Phil Keren can be reached at pkeren@thebeaconjournal.com, or on Twitter at @keren_phil.

This article originally appeared on Akron Beacon Journal: Ohio board receives misconduct complaint against Stow Judge Kim Hoover