New Information In Judge's DUI Case

Preble County officials are asking for a special judge and prosecutor in the case of a local judge charged with drunk driving.

No trial date has been set in Judge David Abruzzo's case and in the meantime the judge continues to occupy the bench at the Preble County Courthouse, leaving some people questioning his judgement.

Judge Abruzzo is charged with OVI and failure to yield to a police officer after his arrest Friday night.

Still, Abruzzo continues on with this daily docket of cases while his criminal case moves forward.

Is it legal? University of Dayton law and ethics professor James Durham said, "Yes it is. While this is a very serious matter, it's only focused on one aspect of his life and doesn't reflect on his ability to do his job overall."

Durham lectures daily on the behavior of lawyers and judges, including former Supreme Court Justice Alice Robie Resnick, convicted of drunk driving in 2005.

Durham said while there is nothing wrong with Judge Abruzzo's decision to continue working, there is a problem when it comes to hearing specific cases like drunk driving.

In the Ohio Code of Judicial Conduct, rule 211 makes the ethical ramifications clear, saying a judge shall disqualify himself or herself, in any proceeding in which the judge's impartiality might be questioned.

Still, court officials said Judge Abruzzo continues to hear OVI cases and in fact, heard one case on Tuesday.

According to legal experts, Judge Abruzzo can be brought to task for breaching the Ohio Code of Judical Conduct if someone challenges him and asks to disqualify him from the case. If Abruzzo refuses, they can appeal to a higher court.

In the meantime, the Ohio Supreme Court has appointed retired Kettering Judge Larry Moore to oversee Abruzzo's criminal case.