By Sherry Larson
People’s Defender
HB 283 – by the printing of this article, may be amended. The future of this bill is undetermined.
Adams County’s Honorable Judge Brett Spencer testified last week in Columbus at the Civil Justice Committee Meeting regarding HB 283. Spencer discussed his thoughts and opposition to the “emergency” of such a bill. However, as noted in last week’s People’s Defender article, he is not an opponent to eventually adding a judge. His concern is driven by an attempt “to retroactively change the 2022 ballot and modify the will of the voters in Adams County and strip me of jurisdiction of the juvenile division where my greatest passion lies.” Spencer is also concerned with the need for due diligence to prove the need and sustainability of a second judge.
Judge Spencer cited statistics from the Ohio Supreme Court and indicated that Representative Pizzulli would have been given this same report. He continued to describe the highly innovative programs his outstanding staff have created and facilitated and the many recognitions they have received.
House Representatives pushed back, asking Judge Spencer questions. Representative Brown, a Democrat from District 5, asked, “Is it your testimony that you are able to handle the case load that is before you with regard to all of those disciplines adequately and competently without the need for a second judge to assist?” Spencer answered, ” Without hesitation or reservation – the answer is yes. And the Supreme Court Records reflect that.”
Republican Representative Cutrona of District 58 said there was a public record of the Judge receiving a letter from Pizzulli’s office on July 19, 2023, regarding adding a judge in Adams County. Spencer explained that he learned about the letter when a representative from the Supreme Court contacted his office, telling him they had received the letter from Pizzulli and that the letter indicated the Judge’s support of the additional judgeship. As stated in last week’s article, the Judge knew nothing of the addition, nor was he in favor of abolishing his jurisdiction. He immediately reached out to Pizzulli’s office and continued to make multiple attempts. Spencer asked for a copy of said letter. He received a copy of the letter from Pizzulli’s legislative aide, Sydney Stone. The letter did, in fact, state that “We are pleased that you are supporting our legislation.” Judge Spencer then called Stone, asking to speak with Representative Pizzulli. Spencer asked Stone how she received the misinformation that he was in “support” of adding a new judge to Adams County, and she informed Judge Spencer that Pizzulli would contact him. As of the writing of this article, Representative Pizzulli has yet to respond to Judge Spencer or The People’s Defender.
With more questions asked and answered regarding the exploratory committee formed 13 years ago and the possibility of adding a new judge, Spencer articulately provided explanations.
Ranking member and Democrat Representative Galonski of District 33 thanked Judge Spencer for his testimony. She said, “Your testimony has been not just enlightening, but it has also pointed me to a very sad direction that unfortunately, this committee has been misled.” She asked how Spencer felt when he received the copy of the letter from Pizzulli’s aide. Judge answered, “It was disheartening.” Galonski replied, “I’d like to echo being completely disheartened. There is no reason in this legislative body for any legislator or aide or anyone else to lie or misconstrue any part of legislation.”
Further discussion and questions from Republican Representative Ferguson of District 96 clarified that Judge Spencer, while not in opposition to eventually adding a Judge to the Common Pleas Court, does not support the abolishment of his jurisdiction and highly encourages those involved to participate in due diligence doing the work and research necessary to propose this critical legislation. Chair Hillyer, a Republican from District 51, suggested creating an amendment and meeting the next week.
Representative Jean Schmidt, a Republican from District 62 and one of the proponents of the bill, addressed Judge Spencer, noting her former role as Adams County’s Washington Representative. Spencer acknowledged Schmidt, recollected her role, and said, “I believe your aide is still situated in Adams County – Mr. Stephen Caraway.” Schmidt relayed that individuals from Adams County had approached her 12 years ago about adding a judge, and she had directed them to the state rather than the federal legislature. She suggested that the discussion had been going on for over a decade. Spencer responded by letting the committee know that Schmidt had visited Adams County last year and shared a “preposterous” story about “this judge calling a female government employee a goat – on the record – and telling her she had to eat grass.” The story was featured on the top half of the front page of a local newspaper (not The People’s Defender). He then looked at Schmidt and asked, “Correct?” At that point, Chair Hillyer concluded and said, “We’ll address that later.”
Spencer’s testimony and The People’s Defender article prompted much attention and reaction. Locals posted comments on Facebook, and political writers took to Twitter to comment. On November 19, The Scioto County Daily News headlined, “Pizzulli bill stalls after Adams County Judge questions legislator’s motives.”
Let your voice be heard by contacting representatives on the Civil Justice Committee at Ohiohouse.gov.