Judge is accused of using racial slur, vulgar terms and 'libtard' label for employee offended by his comments
An Ohio judge is facing an ethics complaint alleging that he created an inappropriate office environment, used a racial slur within earshot of a defendant, and referred to a child-rape case in “lewd and vulgar” terms. (Image from Shutterstock)
An Ohio judge is facing an ethics complaint alleging that he created an inappropriate office environment, used a racial slur within earshot of a defendant, and referred to a child-rape case in “lewd and vulgar” terms.
Judge Jon Marshal Ickes of the Sandusky County Common Pleas Court in Ohio is accused in an Oct. 28 ethics complaint.
The Legal Profession Blog summarizes the allegations by the Ohio Supreme Court’s Ohio Board of Professional Conduct.
The ethics complaint alleges that Ickes:
• Usually referred to Snapchat as “snatch chat” when telling jurors not to post about or research the case on social media. In a footnote, the ethics complaint explains that “snatch is a derogatory term for a woman’s vagina.”
• Used the N-word when quoting from the movie Blazing Saddles in the office of J.D., his assignment commissioner. A Black defendant sitting outside heard the N-word, and his lawyer informed Ickes what happened. Ickes recused himself in the case but did not explain why in the judgment entry. He refused to recuse himself in the case of another Black defendant who was told about the incident.
• Referred to a child-rape case as the “baby c- - -sucker case” for the entire eight months that it was on the docket. The defendant was accused of performing oral sex on an 18-month-old child. During the trial, Ickes allegedly texted court employees video clips of a woman eating a banana and of dancing bananas. Ickes sentenced the defendant to life in prison without parole after jurors found him guilty.
• Called J.D. a “libtard” when she did not laugh at his jokes.
• Texted a T-shirt photo to J.D. and two others that read, “I’m not always a d- - - just kidding go f- - - yourself.”
• Told J.D., while she was pregnant and experiencing morning sickness, to “man up and get some balls” to push through her symptoms. According to J.D.’s written recounting of dialogue, she objected when Ickes told her, “Just wait until you get a visit from the titty fairy.” He allegedly responded, “Well then what can we talk about? Can we talk about the butt fairy?” J.D. later received a call from Ickes’ wife, who allegedly said the judge was worried that he could no longer joke with J.D. about things like the “titty fairy and stuff.”
• Always referred to a human resources specialist in the county administrator’s office as “pimple d- - -,” and told J.D. that, “Pimple d- - - isn’t going to do anything” if she reported his comments to human resources.
• After J.D. got a shorter haircut, told her that she looked like actress Winona Ryder, “who is hot.” On another occasion, he pulled up his pant leg, spurring J.D. to joke that she “didn’t want to see that.” Afterward, Ickes brought multiple bottles of lotion to the office and applied it to his legs in J.D.’s presence. He later mentioned the lotion application to others and asked women whether their partners “moisturized.”
• Created titles and acronyms for probation staff members. “Adult Supervision Specialist” was “A.S.S.,” and “Pretrial Intensive Supervision Specialist” was “P.I.S.S.” He referred to another probation officer as “Angel of Death” after she reported illegal conduct by a former colleague.
• Gave a probation officer a Bang energy drink and said she could tell everyone that she “had been banged by a judge.”
• Asked an assistant prosecutor whether she would like to join a “throuple” with him and his wife after a witness used the term.
• Kept a firearm and a Nerf gun in his chambers. He often used the Nerf gun to “shoot” visitors to his chambers. One time when he intended to “shoot” the court administrator with the Nerf gun, he grabbed his real gun by mistake. “That would not have been good,” he joked.
The ethics complaint accuses Ickes of violating ethics rules that require judges to act in a way that promotes public confidence in the judiciary; to be patient, dignified and courteous; not to engage in harassment or show bias; and not to engage in conduct prejudicial to the administration of justice. He was also accused of violating an ethics rule that requires lawyers not to engage in conduct that adversely reflects on their fitness to practice law.
Ickes was appointed to the court in 2020 and elected to a full term effective Jan. 1, 2021.
Ickes did not immediately respond to the ABA Journal’s request for comment left in a phone message and emailed to an employee. Nor did his lawyer, Lisa Marie Zaring, immediately respond to requests for comment in a voicemail and an email.
