On Friday, December 13, 2024, the Board of Professional Responsibility of the Supreme Court of Ohio recommended a public reprimand for Russell Dee Kegley, an attorney and judge in the Portsmouth Municipal Court. This recommendation follows findings of judicial misconduct related to his involvement in a criminal case involving his son, Case Kegley.
The case is entitled “In the Matter of Judge Russell Dee Kegley,” with case number 2024-014.
The case was heard on September 25, 2024, by a panel consisting of judges Carolyn A. Taggart, Pablo Castro, and Hon. D. Chris Cook. The panel found that Respondent Kegley had violated multiple provisions of the Ohio Code of Judicial Conduct. Specifically, the violations included acting in a manner that undermined public confidence in the judiciary, abusing the prestige of his judicial office, allowing familial relationships to influence his judicial conduct, and engaging in ex-parte communications.
The misconduct stemmed from events surrounding the arrest of Case Kegley on May 25, 2023, for domestic violence and resisting arrest. Following this arrest, Case Kegley was taken to the Scioto County jail, where he was held pending arraignment. According to the bond schedule established by Judge Kegley and another judge, individuals charged with domestic violence must be held without bond until their initial court appearance.
After being booked, Case Kegley attempted to contact his father. Russell Kegley subsequently called the jail, identified himself as a judge, and requested to speak with his son. During this conversation, he learned of the charges against Case and instructed jail personnel to allow his son to sign his bond, which was against established policy. Officer Ryan Tackett, who answered the call, expressed discomfort with this directive and sought guidance from his supervisor. Ultimately, despite concerns, Case Kegley was released on his own recognizance a few hours later.
Following Case Kegley’s release, law enforcement conducted a welfare check on Erin Kearns, the victim in the domestic violence case, who had not reported to work that morning. This led to a warrant being issued for Case Kegley’s arrest after he failed to appear for his scheduled arraignment.
The situation escalated when Case Kegley called his father again, informing him that police were outside the home where he resided with Kearns. Kegley encouraged his son to surrender to the authorities. After the police arrived, they arrested Case Kegley for failure to appear, which added to the charges he was already facing.
During the proceedings, the panel found that Kegley’s misconduct not only involved ex-parte communications but also highlighted the influence of family relationships on judicial conduct. The panel noted that while Respondent Kegley did not engage in dishonest behavior, his actions were deemed inappropriate and a violation of the judicial code.
The panel’s findings included specific aggravating factors, such as the potential harm to Kearns, the victim in the domestic violence case. The panel did not find multiple offenses, arguing that the violations stemmed from a single incident involving Kegley’s inappropriate involvement in his son’s case.
The parties involved in the case reached a stipulation regarding the facts and agreed on several mitigating factors, including Kegley’s lack of a prior disciplinary record and his cooperative attitude throughout the proceedings. Nevertheless, the Board ultimately decided to remove the mitigating factor concerning the absence of a selfish or dishonest motive, emphasizing that Kegley’s actions were motivated by a desire to assist his son.
Based on the findings of fact, conclusions of law, and the stipulated sanctions, the Board of Professional Responsibility recommended that Russell Dee Kegley receive a public reprimand and be ordered to pay the costs associated with the disciplinary proceedings.
A copy of the original filing can be found here.
