On Friday, September 20, 2024, a complaint was filed against Judge Richard Steven Skelton of the Montgomery County Common Pleas Court by the Ohio Disciplinary Counsel. The complaint alleges multiple violations of the Ohio Code of Judicial Conduct and the Ohio Rules of Professional Conduct, stemming from his involvement in a case concerning Aaron Cox, who was convicted of several felonies, including aggravated robbery and felonious assault.

The case is entitled “In the Matter of Judge Richard Steven Skelton,” with case number 2023-021.

The complaint outlines that Judge Skelton, who has been practicing law in Ohio since November 7, 1988, was serving as one of eleven judges on the Montgomery County Court of Common Pleas during the events in question. The issues came to light following the sentencing of Cox on September 21, 2020, by Judge Michael W. Krumholtz, who sentenced Cox to an indeterminate prison term of five to six years for his crimes.

According to the complaint, Cox’s mother, Shelly Overton, began communicating with Judge Skelton shortly after her son was sentenced. Their exchanges involved discussions about Cox’s case and Overton’s inquiries regarding the possibility of his judicial release. The judge allegedly communicated with Overton through various means, including text messages and phone calls.

In December 2021, Overton learned of Judge Krumholtz’s impending retirement, effective February 28, 2022. Skelton reportedly expressed an intention to take over Cox’s cases after Krumholtz retired. Following Krumholtz’s departure, all his cases were assigned to Visiting Judge Steven Wolaver until the end of March 2022.

On March 3, 2022, Judge Wolaver denied a motion for judicial release filed by Cox’s attorney, stating that Cox was not eligible for release until 2025. Despite this, Skelton allegedly continued to engage with Overton regarding her son’s case. The complaint details further communications in which Skelton indicated he would meet with Overton to discuss Cox’s situation.

The complaint notes that on March 11, 2022, Skelton met with Overton to discuss Cox’s case, and on April 1, he submitted a transfer order for the cases to Presiding Judge Timothy O’Connell without disclosing his prior communications with Overton. The transfer order was signed, and the cases were assigned to Skelton.

On May 18, 2022, Cox’s counsel filed a second motion for judicial release, which was identical to the first. Respondent Skelton informed Overton about this motion, assuring her that he would keep her updated on the hearing. The motion was scheduled for June 9, 2022.

The complaint further states that on June 6, 2022, Overton inquired about attending the hearing, and Skelton confirmed that she could attend. However, it was later revealed that on June 8, 2022, Skelton held an ex parte meeting with Cox without the presence of the prosecutor or defense counsel, a violation of judicial conduct rules. During this meeting, he discussed Cox’s drug use and indicated that he was inclined to release him under specific conditions.

On June 10, 2022, all parties were present in court, but Skelton failed to conduct a required hearing or make necessary findings of fact before granting Cox’s motion for judicial release. The state later appealed this decision, arguing that Cox was ineligible for release and that Skelton had not followed proper judicial procedures.

The complaint alleges that Skelton’s actions violated several provisions of the Ohio Code of Judicial Conduct, including failing to act in a manner that promotes public confidence in the judiciary and permitting ex parte communications. It also cites violations of professional conduct rules, including the obligation to report a judge’s misconduct.

Judge Skelton’s conduct has raised significant concerns among his peers. Following the events, Judges O’Connell and Mary Wiseman reportedly encouraged Skelton to self-report his misconduct, which he refused to do. Subsequently, a grievance was filed against him on August 5, 2022.

The complaint concludes with a request for the Board of Professional Conduct to find Judge Skelton in violation of the relevant rules and impose appropriate sanctions.

Judge Skelton was elected to the Common Pleas Bench, General Division, in November 2014 and took office in January 2015. He chairs the Criminal Practice Committee and serves on the Technology, Security, and Civil Practice Committees. Skelton earned his Bachelor’s degree from Wright State University in 1984 and his Juris Doctorate from the University of Dayton School of Law in 1988.

A copy of the original filing can be found here.