The American legal system is built upon principles of fairness, impartiality, and accountability. However, in Ohio, the Visiting Judge system operates in a manner that fosters conflicts of interest, undermines impartiality, and erodes public trust. This flawed system allows judges to be handpicked and assigned to cases without true oversight, fostering nepotism, conflicts of interest, and unconstitutional judicial conduct. Nowhere is this more evident than in Portage County, where years of visiting judge assignments expose a deeply entrenched system of judicial misconduct. It is time for Ohio to abolish this corrupt practice and restore integrity to its courts.

The Visiting Judge System: An Overview

Under Ohio law, visiting judges are assigned by the Chief Justice of the Ohio Supreme Court to hear cases in courts where a judge has recused themselves, is unavailable, or is otherwise unable to preside over a case. While this system is meant to ensure judicial continuity, it has instead become a tool for favoritism and judicial self-dealing.

One of the most glaring abuses of this system can be found in the assignments of Judge Joseph Giulitto in Portage County. His daughter, Judge Paula Giulitto, repeatedly requested his assignment to cases in the Domestic Relations Division of the Portage County Court of Common Pleas, effectively bypassing ethical considerations and legal restrictions on nepotism. This practice, which spanned more than a decade, allowed Joseph Giulitto to collect tens of thousands of dollars in taxpayer money under dubious circumstances.

The Constitutional and Ethical Failures

The Visiting Judge system in Ohio raises several serious constitutional and ethical concerns:

1. Violation of Due Process and the Right to an Impartial Judge

The U.S. Constitution guarantees the right to a fair trial before an impartial judge. However, the Visiting Judge system often results in handpicked judges presiding over cases, creating a conflict of interest. The lack of a transparent, merit-based selection process means that litigants can find themselves facing a judge with pre-existing biases or personal ties to parties in the case.

In Portage County, the repeated appointment of Joseph Giulitto by his own daughter directly violates the principle of judicial impartiality. This clear conflict of interest compromised the integrity of every case he presided over and eroded public trust in the judicial system.

2. Nepotism and Self-Dealing

Ohio law prohibits nepotism in public offices, yet the Visiting Judge system has been exploited to facilitate exactly that. The assignment of Joseph Giulitto to numerous cases at the request of his daughter Paula is a textbook example of unlawful nepotism. This was not an isolated incident but a systemic abuse, wherein a retired judge was financially benefiting from preferential treatment orchestrated by his own family member.

As a result, Joseph Giulitto earned well over $30,000 from these assignments, with the actual figure likely exceeding $45,000 when additional payments are considered. Such blatant self-enrichment at the expense of taxpayers is unacceptable and must be addressed with serious legal consequences.

3. Lack of Transparency and Accountability

Unlike elected judges who are subject to public scrutiny and elections, visiting judges are assigned behind closed doors, with no clear accountability measures in place. The process by which they are selected is opaque, leaving room for favoritism and corruption. There is no public input or review mechanism to ensure that visiting judges are assigned fairly and without undue influence.

In the case of Portage County, repeated requests from Judge Paula Giulitto to have her father assigned expose how this system can be manipulated. This unchecked power allows judges to effectively choose their own successors or preside over cases in which they have personal interests.

The Financial Burden on Taxpayers

Beyond its constitutional and ethical failings, the Visiting Judge system also drains public funds, with costs amounting to millions of dollars annually across the state. Every unnecessary judicial assignment results in additional costs, often amounting to millions of dollars statewide. In the case of Joseph Giulitto, his assignments resulted in the unlawful payment of nearly $50,000 in taxpayer money, funds that could have been allocated to essential public services.

When public money is used to sustain a system that rewards favoritism and corruption, it is the citizens who suffer. The Ohio Supreme Court and state legislators must act decisively to eliminate this wasteful expenditure and ensure that judicial resources are used responsibly.

A Call to Abolish the Visiting Judge System

While some may argue for reform, the solution to this deeply entrenched problem is clear: Ohio must abolish the Visiting Judge system entirely. The state must implement a transparent, merit-based system for judicial assignments that prioritizes fairness, accountability, and public trust. Here’s how:

End the Appointment of Retired Judges for Temporary Assignments – Retired judges should not be able to return to the bench at will, especially not through backdoor nepotism.

Establish a Publicly Transparent Selection Process – All judicial assignments should be subject to public disclosure and review to prevent favoritism and self-dealing.

Strictly Enforce Anti-Nepotism Laws – Any judge found guilty of using their position to benefit a family member should face disciplinary action, including removal from office.

Enhance Accountability Measures – Oversight committees must be empowered to investigate and sanction unethical judicial behavior.

Conclusion

The Visiting Judge system in Ohio is a relic of a corrupt past that has no place in a modern judiciary. It undermines the fundamental principles of fairness, transparency, and judicial impartiality. The case of Paula and Joseph Giulitto in Portage County, where repeated assignments resulted in financial gain through nepotism, serves as a stark reminder of the dangers of unchecked judicial power.

Ohio must act now to dismantle this unconstitutional and unethical system before more damage is done. The judiciary should serve the people, not the interests of the few who exploit its loopholes. It’s time to restore trust, integrity, and fairness to Ohio’s courts by abolishing the Visiting Judge system once and for all.