Prosecutor responds to Ward's record request

Wednesday, March 10, 2010, 1:43:52 PM

By ANDREW TOBIAS

Staff Writer

Prosecutors aren’t opposing former Delaware County commissioner Jim Ward’s request to have court records of his ethics conviction sealed, but they’re not supporting it either.

On Tuesday, Franklin County Prosecutor Ron O’Brien and Ohio Ethics Commission Chief Investigative Attorney Paul Nick responded to Ward’s request, which he made last month. Ward is seeking a seat currently held by commissioner Todd Hanks, who is not seeking election. The former three-term county commissioner has been out of public life since he was defeated in the March 2008 Republican primary by current commissioner Tommy Thompson.

In 2008, Ward was found guilty of a misdemeanor ethics violation after he turned off his home phone and used his county-owned cell phone exclusively for three years, including to make calls related to his used-car business. A judge ordered Ward to pay $1,000 to the county’s general fund and pay a $500 fine. Ward pleaded no contest and has told the Gazette the investigation was solely to push him out of office and called it “the biggest hoax that has ever been put upon somebody.”

If granted by the court, the application would require all references of the conviction be cleared and the court file sealed. However, the record would still be available to law enforcement agencies and prosecutors.

In a joint court filing, O’Brien and Nick said they had no position on Ward’s request and would leave the matter up to the judgment of Visiting Judge William Finnegan of Marion County.

As a first-time criminal offender, Ward is eligible to have court records of the conviction sealed, O’Brien and Nick said in the filing. The law exists so convictions don’t “haunt (first time offenders) for the rest of their life,” they said.

However, Ward’s decision to run for public office and his lack of “contrition or remorse” about the conviction weigh against sealing the record, they said. The court filing included a copy of a Columbus newspaper article in which Ward said the conviction was “nothing but political.”

“The government has a legitimate societal interest in maintaining access to records of criminal convictions. This is particularly true here where (Ward) has announced his candidacy for county commissioner, the same public office whose trust he was convicted of violating,” O’Brien and Nick said.

Prosecutors at one point had indicated in writing they would not oppose Ward’s request to seal records of the conviction, although it was not part of Ward’s plea deal. Thus, they said they would not oppose the request.

The judge may schedule a court hearing on Ward’s request, but no court date has yet been set, records show. A spokeswoman for O’Brien’s office said the judge may make a decision without a hearing.

atobias@delgazette.com