October 28, 2014

PERSONAL AND CONFIDENTIAL

Richard A. Dove, Secretary
Board of Commissioners on Grievances and Discipline
65 South Front Street, 5th floor
Columbus, Ohio 43215-3431
RE:

Complaint against:
File No.:

Joseph Deters, Esq.

2014-10-109

Dear Mr. Dove:

I recently received a response to my complaint against Joe Deters, while Judge of the Hamilton County Juvenile
Court and am appealing the dismissal. The subjectivity of the response and the failure to investigate is concerning,
based on the rules. It appears there is a system of duality regarding application of the rules of ethics, due to who
commits the conduct clearly prohibited by the rules.
Despite the criminal charges initiated against me at Mr. Deters recommendation, after I filed an ethics complaint
against him and prosecutors working at his direction, I was Judge when he committed the violation of rules against
me. As such, by the laws and rules, I was entitled to the same protections provided all other judges. Importantly, by
law, I was additionally entitled to be presumed innocent, which is the foundation of the criminal justice system. I
was entitled, not only to be held to the same rules of ethics that apply to other Judges, but protected by those same
rules, which govern all judges and lawyers. Furthermore, the Fourteenth Amendment guarantees equal protection
and administration of justice.
While as Ms. Clous opines, ORC 309.09 typically applies to representation of elected officials, the Ohio Rules of
Conduct make clear that the law is also subject to exception based on the Ohio Rules of Professional Conduct when
there are clear conflicts of interest as in my case, which also applies to prosecutors or governmental employees. If
there is a conflict of interest, by law, the same statute not only allows for an independent lawyer to be appointed, it
requires an independent lawyer to be appointed. To wit: Rule 1.7 entitled Conflict of Interest is irreconcilable with
her position.
RULE 1.7: CONFLICT OF INTEREST: CURRENT CLIENTS
(a) A lawyers acceptance or continuation of representation of a client creates a conflict of interest if either of the
following applies:
(1) the representation of that client will be directly adverse to another current client;
(2) there is a substantial risk that the lawyers ability to consider, recommend, or carry out an appropriate course of
action for that client will be materially limited by the lawyers responsibilities to another client, a former client, or a
third person or by the lawyers own personal interests.
(b) A lawyer shall not accept or continue the representation of a client if a conflict of interest would be created
pursuant to division (a) of this rule, unless all of the following apply:
(1) the lawyer will be able to provide competent and diligent representation to each affected client;
(2) each affected client gives informed consent, confirmed in writing;
(3) the representation is not precluded by division (c) of this rule.

(c) Even if each affected client consents, the lawyer shall not accept or continue the representation if either of the
following applies:
(1) the representation is prohibited by law;
(2) the representation would involve the assertion of a claim by one client against another client represented
by the lawyer in the same proceeding.
The election lawsuit was not resolved until November 2013. James Harper was both representing the Board of
Elections in this suit against me while representing me. The law expressly prohibits dual representation without
informed consent. I refused consent, based on the obvious impropriety and unethical nature of such conflict. Mr.
Deters sued me months after I took office. I had no reasonable expectation of trust or confidence in his ability to
represent me when he was repeatedly suing me. The Board of Commissioners agreed there was a conflict and
appointed independent counsel to represent me. What would have caused the pre-existing conflict to be abated when
I was sued again? The conflict was ongoing.
While Mr. Harper was representing me at Joe Deters direction, he showed up in my courtroom to represent another
prosecutor against me. I was also named in a suit in which Curt Kissinger was originally named as Defendant.
Prosecutors representing Mr. Kissinger recommended I be substituted in court pleadings, and then continued to
represent Mr. Kissinger and me simultaneously despite our divergences of defenses.
Additionally, I received emails between Mr. Harper and other clients he represented against me while he was
allegedly defending me. Mr. Deters was suing me and defending me simultaneously, perhaps Ms. Clous was
unaware, based on her response. James Harper was representing Juvenile Court subcontractors against me as
statutory employer judge at the same time he represented them. The prosecutor did not disclose this information to
me as client and when specifically questioned, he refused to disclose his dual representation. That is both unethical
and illegal. Not only did I not provide informed consent, I specifically denied consent in writing. Is there some
statutory provision that I am not aware that excludes Mr. Deters and prosecutors from his office from being bound
by these rules? I am certain the rule specifically addresses prosecutors and governmental employees when they have
conflicts of interests. Every lawsuit filed against me as Judge, specifically identified me as the defendant in the suit.
Every inflammatory criticism specifically identified Judge Tracie Hunter; therefore, it is illogical and impractical to
suggest that I had no right to be properly represented by independent counsel that was conflict-free, base on these
rules.
Moreover, Judge Beth Meyers admitted to the media and signed a stipulated agreement that Mr. Deters
recommended the special prosecutors. She appointed them, only after Mr. Deters selected them. The laws regarding
special prosecutors clearly state that they must be independent and certainly not have close and personal dealings
with the accuser. There were proprietary and financial dealings between them. He was intricately involved in the
prosecution of the case, as not only did he make the allegations and recommend the prosecutors, he also controlled
the discovery process of my trial, which was written on his letterhead.
Mr. Deters violated a host of rules in his representation of me as Judge, which I shall identify with specificity.
RULE 1.1: COMPETENCE
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge,
skill, thoroughness, and preparation reasonably necessary for the representation.
Mr. Deters intentionally failed to represent my judicial interests under 309.09 when he neglected to answer 12 Writs
filed against me as Judge by the Public Defenders. How does a prosecutor fail to answer lawsuits, but be competent?
I provided responses in writing to every lawsuit filed against my judicial office, but James Harper and Chris
Schaefer failed to provide those answers. When they did respond, it was contrary to my interest. It is at that time that
I filed an ethics complaint, which was appropriate based on the rules. There are numerous emails between myself
and Mr. Schaefer and Mr. Harper evidencing my position.

RULE 1.2: SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT

AND LAWYER
(a) Subject to divisions (c), (d), and (e) of this rule, a lawyer shall abide by a clients decisions concerning the
objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they
are to be pursued. A lawyer may take action on behalf of the client as is impliedly authorized to carry out the
representation.
As the Client, the Judge of the Juvenile Court, Joe Deters failed to abide by my decisions concerning the objectives
of my representation as client and specifically ignored my input or instructions. The Court cannot speak except as to
its designated representative, who would have been the named defendant, Judge Tracie M. Hunter. As the lawsuits
pertained specifically to my actions as Judge, I would be the only individual that could properly advise Mr. Deters
regarding the necessary facts and defenses. Not only did he refuse to include my documented defenses, he plead
untruthful and contrary defenses and facts.
I filed an ethics complaint many months before I received a response from the Grievance Commission. When I was
finally contacted, my father was critically ill and dying. I then took ill and was hospitalized. Also during that time,
over 12 unprecedented lawsuits were filed against me for case delays, despite Ohio Supreme Court public records
that indicated John Williams had more cases delayed than me. When those lawsuits were not answered by Mr.
Deters or appointed lawyers, I requested an extension to respond to my initial complaint. When I returned from
bereavement and sick leave, I was indicted and forbidden to enter Juvenile Court, My mail was unlawfully held by
Juvenile Court, never forwarded, and I never received any of the correspondence from the Ohio Supreme Court that
was sent to me. I was unaware of those responses until my criminal proceedings when letters were produced at trial
that clearly were addressed to me that I never saw nor received, as the Juvenile Court refused to send me my mail.
RULE 1.3: DILIGENCE A lawyer shall act with reasonable diligence and promptness in representing a client.
Mr. Deters let 12 lawsuits lapse against me as client resulting in default judgments while simultaneously refusing to
hire independent counsel, which was his duty to ethically, and legally do based on 309.09.
Regarding the repeated appeals by Mr. Deters, which based on numerous written reports, was decided by Mr. Deters
without authorization or direction, it was suggested that I did not have the right to appeal lawsuits brought against
me as Judge because the first District ruled against me. If that same logic were applied to Mr. Deters, his appeals
were also frivolous. Any lawsuit arising in the Court of Appeals may be appealed as a matter of right under the Ohio
Constitution. It is a violation of the Fourteenth Amendment to suggest that I was not entitled to the exact same rights
as any other entity, such as the Board of Election, when I was sued, which is exactly what Mr. Deters alleged when I
was forced to defend those 12 Writ cases, which were granted as default judgments when he failed to defend. Those
12 Writ cases formed the bases of theft in office, alleged by Deters. However, had Mr. Deters competently answered
those Writs, I would not have been forced to file notices of appeal to protect the Juvenile Court.
Additionally, I was unethically accused of filing appeals to lawsuits, which the prosecutor intentionally failed to
answer. How can an appeal be frivolous when the Constitution provides that any lawsuit arising in the Court of
Appeals provides an appeal of right in the Ohio Supreme Court? More concerning, after Mr. Deters terminated his
representation, I was notified by attorney Firooz Namei that the prosecutors office filed the appeals on my behalf at
the Ohio Supreme Court, but Mr. Namei signed his name as the author. Mr. Deters no longer represented me and
was barred from representing me upon his termination of representation. Mr. Deters failed to follow Rule 1.6,
harming the Court and me. I repeatedly asked Mr. Namei in writing did he receive my file from Mr. Deters, but he
refused to respond. The prosecutors office had been provided all of my defenses to each lawsuit filed against me.
RULE 1.16: DECLINING OR TERMINATING REPRESENTATION
(a) Subject to divisions (c), (d), and (e) of this rule, a lawyer shall not represent a client or, where representation has
commenced, shall withdraw from the representation of a client if any of the following applies: (1) the representation
will result in violation of the Ohio Rules of Professional Conduct or other law; (3) the lawyer is discharged.

(d) As part of the termination of representation, a lawyer shall take steps, to the extent reasonably practicable, to
protect a clients interest. The steps include giving due notice to the client, allowing reasonable time for
employment of other counsel, delivering to the client all papers and property to which the client is entitled, and
complying with applicable laws and rules. Client papers and property shall be promptly delivered to the client.
Client papers and property may include correspondence, pleadings, deposition transcripts, exhibits, physical
evidence, expert reports, and other items reasonably necessary to the clients representation.
Based on the above, there are rules to terminating representation, which Mr. Deters neglected to follow in my case.
He never sent me a termination letter regarding his representation and I did not know that new counsel had been
appointed. I was reluctant to talk to Mr. Namei in violation of the rules, as I never received notice.
There are numerous articles, radio and TV interviews, which capture unethical and prohibited statements made by
Mr. Deters against me as a Judge. When Special Prosecutors indicted me, they enjoyed a special relationship with
Joe Deters as his personal defense lawyers. Mr. Croswells law partner is Mr. Deters divorce lawyer. Lawyers are
required to avoid the appearance of impropriety. Special prosecutors are supposed to be independent of either side.
Most jurisdictions direct choosing special prosecutors from different counties to ensure integrity and impartiality.
Mr. Deters made defense lawyers, who never prosecuted a case, special prosecutors only in my case. Judges and
lawyer across the country have contacted me to express their shock and concern regarding the obvious conflicts of
interests.
RULE 8.2: JUDICIAL OFFICIALS
(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or
falsity concerning the qualifications or integrity of a judicial officer, or candidate for election or appointment to
judicial office.
Regarding criticism, I was not only a public figure, but a Judge, and by the Rules of Conduct, lawyers are prohibited
from criticizing Judges. Please refer me to the rule that exempted Mr. Deters from respecting me as the judiciary and
authorizing him to recklessly accuse me of murder, a statement that he knew was false and in reckless regard as to
its truth. It is shocking that Ms. Clous would attempt to justify any lawyer making this type of bizarre, inflammatory
accusation of a judge, which was unethical, slanderous, libelous and a complete breach of professional conduct. The
mother denounced Deters release. Why didnt Mr. Deters blame the Judges previously assigned the childs cases?
Ms. Clous said that Mr. Deters did not impact my jury trial. Perhaps Ms. Clous is unaware that four jurors stated that
they would have difficulty being impartial triers of fact based on the negative pretrial publicity. They remained on
my jury, despite this admission. Mr. Deters issued a reprehensible, untruthful press release with intent to harm and
defame me as Judge before trial, and whether or not a jury was seated, the Ohio Rules of Professional Conduct
expressly prohibited his conduct, which is the basis of my grievance. Notwithstanding, a jury was selected because
we had no choice. However, my attorney objected to the seating of the jury after selection. It is extraordinary that of
approximately 805,000 residents in Hamilton County, my jury consisted of the wife of a lawyer from the law firm
that sued me as Judge and an employee of the TV station that sued me, which that firm represented; as well as
friends of Curt Kissinger and Judge John Williams; and the wife of a prosecutor.
Her response regarding lawsuits filed against me that Mr. Deters failed to defend is contradictory. In paragraph 3 of
page 1, she said, Ohio Revised Code 309.09 states that the prosecuting attorney shall prosecute and defend all suits
and actions of the Board. Not only was Mr. Deters representation authorized, it was required by law. But in
paragraph 4 of page two, she stated, if a default judgment was made against you, it would necessarily have been the
result of your failure to respond, and not Mr. Deters Office. Such statement is a double bind. I was charged with
theft for responding to the lawsuits that she said Mr. Deters shall defend, after he failed to do so. When he failed to
defend, I responded, as she said, and was charged. Mr. Deters, Mr. Harper and Karla Grady all used their county
credit cards in violation of ORC 309.09. What exempted their county issued credit cards from the same laws? Mr.
Harper testified that he couldnt remember the statute that authorized his purchases, but he decided his non-travel
purchases were authorized. A county credit card is a county credit card regardless of the elected office-holder. I
assume Ms. Clous knew that all of the county issued credit cards in juvenile court were used outside of that statute?

I filed a Motion for Recusal of Judge Nadel based on the Ohio Supreme Court law and four precedent cases. It is
very disturbing that all of the rules and laws typically applicable to judges were disregarded against me in violation
of my Fourteenth and Fifth Amendment rights. Ms. Clous ignores that law.
Judge Nadel told individuals, prior to my indictment, that he would receive my case once I was indicted. How did he
know? Judicial selection is supposed to be random. Judge Nadel financially contributed to Mr. Deters. Mr. Deters'
dealings with Judge Nadel violated my rights to be tried by an independent trier of fact. There has been a lot of
public discussion in the media about my case being judge shopped to Judge Nadel in violation of the law.
Also, a prosecutor working for Mr. Deters informed my lawyer that he would not receive future plea deals in his
other cases following a pretrial argument in my case. That illegal, coercive, and unethical threat unlawfully impacted
my case. I have reason to believe that my trial was detrimentally influenced by Mr. Deters intimidation and threats.
RULE 1.6: CONFIDENTIALITY OF INFORMATION
(a) A lawyer shall not reveal information relating to the representation of a client, including
information protected by the attorney-client privilege under applicable law, unless the client gives
informed consent, the disclosure is impliedly authorized in order to carry out the representation, or
the disclosure is permitted by division (b) or required by division (c) of this rule.
RULE 8.2: JUDICIAL OFFICIALS
(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or
falsity concerning the qualifications or integrity of a judicial officer, or candidate for election or appointment to
judicial office.
Mr. Deters made public on radio, TV and newspaper, in violation of the rules, the fact that I filed a grievance
complaint against him. I was cautioned in a letter from the Grievance Commission that the grievance was to be
confidential, but while representing me, Mr. Deters publicly disclosed the nature of the grievance and publicly
defamed me as a result of my filing the grievance in violation of the rules. The rules required me to file.
Furthermore, he and James Harper violated my attorney client privilege blatantly in a series of emails made public
regarding the cases they were serving as my legal counsel. I expressly forbade the violation of my privilege in
writing. Additionally, Mr. Deters office shared confidential emails and information protected by attorney client
privilege with the media and county officials without my knowledge and over my specific objection. At trial, Mr.
Harper without notice or consent, also violated my privilege. Mr. Deters filed a Motion to Quash my subpoena.
In closing, it is very concerning that Ms. Clouss response is written subjectively, void of any neutrality or
impartiality, and not as an independent investigatory tribunal. I respectfully seek an appeal of her dismissal.
Sincerely,

Tracie M. Hunter
PO Box 32325, Cincinnati, Ohio 45235, 513-662-6247
Encl. Newspaper articles; emails, correspondence