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Judge apologizes, but no response to resignation call
Friday, February 13, 2009
LEBANON — Warren County Common Pleas Judge James Heath apologized for his actions during an arrest on drunk driving charges, but would not respond to a call for his resignation.
This week Warren County Commissioner Mike Kilburn made a very public and many say improper appeal for the judge to resign, in light of his alleged drunk driving episode in Clinton County last year and attempt to avoid the charge.
Heath would not comment on Kilburn's comments — he used profanity and called the judge girly at an open commissioners' meeting where he showed the police tape of Heath's traffic stop.
"I admit I made a mistake and I deeply apologize for that mistake," Heath said. "I have taken responsibility for it and I am taking steps to make sure something like this never happens again."
Heath refused to take a Breathalyzer test and his driver's license was, by law, immediately suspended for one year. However, since this was a first time offense, his attorney Tim Tepe said he got the court to stay the suspension.
According to court records, that occurred during a hearing in Clinton Municipal Court on Oct. 29, two days after the incident. The court vacated the license suspension when Heath plead guilty to the lesser charge of reckless operation of a motor vehicle on Dec. 23.
The Wilmington prosecutor and municipal court Judge Chad Carey could not be reached for comment.
Commissioners Pat South and Dave Young said Kilburn was out of line to make the comments in an open county commission meeting.
Comments
By dlmax
February 23, 2009 8:08 PM | Link to this
He should absolutely resign, I seen the video and him trying to abuse his position. he should get the same punishment as everyone else.
By kristi
February 16, 2009 11:14 AM | Link to this
I think that he should not be forced to Resign. Each of us make mistakes in our lives. His should not ruin his career and life. He admits that he is wrong. He should have consequences, but not the ones that are being forced upon him. I would rather see him succeed to show others…kids especially…that you can move past alcohol…there are more important things in life than drinking alcohol and driving…all these people that are pushing for a resignation are hypocrites.
By Jason
February 15, 2009 11:49 PM | Link to this
Kilburn is a jerk and showed himself bigtime.
By Debra
February 14, 2009 6:44 PM | Link to this
The real issue isnt the DUI. The real issue is abuse of power/authority. There shouldn’t be two sets of laws. One for regular citizens and one for elected officials or elite members of society. The Judge abused his power by trying to intimidate and threaten the officer with his position.
By bmh2009
February 13, 2009 11:36 PM | Link to this
Refusing a breath test is an AUTOMATIC 1 yr license suspension, even if you’re found not guilty! Just proves that our judicial system is “pay to play”. Tepe is one of the best lawyers around, and also one of the most expensive to hire. Heath should do the same 10 days in jail that he’s handed down to the citizens that have come before him over the years. NO DOUBT, he should resign! NO WAY should he rule on another DUI case!
By Tomahawk35
February 13, 2009 9:49 PM | Link to this
I don’t care what the court calls it, his lawyer said that he had a couple of glasses of wine and he still chose to get behind the wheel of an automobile and this is called drinking and driving which is against the law. Lock him up.
By D Day
February 13, 2009 9:33 PM | Link to this
I think the Judge should step down. How can the Judge ever oversee a DUI trial or pass sentence on anyone convicted of DUI when he himself has done the same thing? It is not that I dislike Judge Heath as I don’t even know him but I would say this about any Judge under the same circumstances.
I do know Mike Kilburn very well and Mike is THE ONLY VOICE IN OFFICE WITHIN WARREN COUNTY GOVERNMENT THAT SPEAKS UP FOR THE AVERAGE MAN AND SPEAKS THE TRUTH!!!
By Jenn-a
February 13, 2009 6:34 PM | Link to this
He should receive the same punishment,as he rules on daily.NO EXCEPCTIONS!!!!!!!!
By Bill Dikant
February 13, 2009 6:12 PM | Link to this
“I made a Mistake” , He/She made a mistake. Driving while Intoxicated, or whatever name you choose to call it is not, nor will ever be a mistake.A Damn poor choice, yeah.Every one who holds a license to operate a motor vehicle here in the U.S.A. is well aware of that fack.D.W.I. is not looked at as a Violent Crime either. Homicide by D.W.I. is a only socially accepted crime in America. Bill Dikant, Victim Advocate, Castleton, N.Y. 12033
By Doug T.
February 13, 2009 5:59 PM | Link to this
To answer idah’s question. Yes, the courts will give let just about anyone plead to reckless operation. Unless the person has multiple offenses. Since this is Heath’s first offense he is able to plead down the charge. Drunk driving cases are very difficult to deal with in our messed up legal system. So many people just keep driving drunk, get caught and some attorney drags the case out for a year or so. It is one of the most frustrating things to deal with. Heath made a mistake. We all make them
By walter pluckard
February 13, 2009 5:12 PM | Link to this
“Don’t do as I do, do as I say.” Where have I heard that before?
By idah
February 13, 2009 4:29 PM | Link to this
If he ever in his career made a ruling in a drunk driver case…..he should at least receive the same punishment he felt was a just ruling for anyone he may have sentenced.
Maybe someone with knowledge of the legal system can answer this question for me….Do all drunk drivers get the privledge of pleading to reckless operation? Or is this one of those things among the corrupt operations of the system of those with power who can say….you scratch my back…I scratch yours.