Usually candidates for judge are pretty boring and we voters never really have any idea of what we are going to get.  But if you live in Licking County, you have a truly rare chance to vote for a judge candidate who stands for something.  Research into Philip Proctor, who is running for Licking County Municipal Court Judge,  shows that not only is he a person of character and conviction, but he stood up in the face of sanction from his profession and blew the whistle on a judge who he saw as involved in misconduct.

On the home page of Philip Proctor’s website (philipproctorforjudge.com) for judge is written the following:

“You might ask “Why would Philip Proctor, an attorney who had his law license suspended, consider running for judge?” ”.

Here are the actual facts in this case:

A review of the public records and of briefs and other documents filed with the Ohio Supreme Court tells the whole story.  The Ohio Supreme Court suspended attorney Philip Proctor from the practice of law for six months for his reporting of a judge.  It was alleged that the judge was involved in an ex-parte communication (missing one of the parties to the case) that caused the judge to be biased in a court proceeding.  Even though there were a number of investigations against the judge, according to the official documents, investigators never pursued the judge.  Instead, Philip Proctor was suspended for blowing the whistle on this potential judicial misconduct.

That whistleblower now wants to be your judge in Licking County.  What an opportunity for the people to vote in someone who spoke out against a seated judge who he felt was conducting himself in unethical ways.  Proctor has also promised to wear the words “We the People” on his sleeve if elected as a constant reminder of the constitution he must uphold and that he would serve the people and not the other way around.  Philip Proctor offers a rare and exciting opportunity to put a fresh attitude into the judiciary.

It is important to note regarding the Ohio Supreme Court’s Canons of Ethics; if you read between the lines, it is very clear that many of these Judicial Canons are actually intended to muzzle attorneys from exposing injustices or talking “out of school” about improper or illegal conduct by their colleague-judges.

In the United States, and now in other countries including China, there are laws protecting the rights of individuals to blow the whistle on wrongful conduct.[source: http://www.whistleblowerlaws.com/whistleblower-protections-act/]

A civil lawsuit challenging such Ohio Supreme Court sanction rulings would be interesting under Federal and Ohio statutes and case law. We at Courtroom Sunshine are encouraging such challenges in the interest of breaking the chains which the Ohio Supreme Court has wrapped around all attorneys. After all, the right to practice law in Ohio is held and regulated by the Ohio Supreme Court, and without a license to practice law, the sanctioned attorney is out of work (not to mention often-times heavily fined).

Here is another excellent resource on this topic: The National Whistleblowers Center (NWC)

Here is Proctor’s brief, as filed with the Ohio Supreme Court, regarding this action. If you don’t wish to read the entire document, skip to the end and scan through the Appendix. Very enlightening.

Weighing the facts of this case, Courtroom Sunshine rules that Philip Proctor was railroaded, sanctioned and charged thousands of dollars by the OSC in an effort to muzzle him and to send a message to other would-be whistle-blowers to “Keep quiet”.

If you have any information about unethical conduct by a judge, contact Courtroom Sunshine to explore options.