Visiting judge to preside in Eckstein case
A visiting judge will hear former Butler County Commissioner Jim Eckstein’s lawsuit against the county to recoup legal expenses from a defamation case.
Judge John Reed, a retired Mercer County judge, was assigned to preside over the case.
All six Butler County judges recused themselves from hearing the case.
Eckstein said he was relieved a senior judge will be presiding.
“I’m happy to get an out-of-county judge,” he said.
Eckstein stressed Butler County judges would be hard pressed to preside over a case in which the county and county commissioners — who control the purse strings for spending in all offices and departments, including the court — are defendants.
“I believe there is a conflict,” he said.
Eckstein said the defamation case leading to this lawsuit should have been heard by an outside judge as well.
“There was a conflict of interest,” he said.
County solicitor Mike English declined to answer questions or comment about Eckstein’s lawsuit and Reed being assigned.
Tom Holman, deputy court administrator, said Reed would proceed after reviewing the case.
Eckstein is suing the county to be reimbursed for $144,788 he incurred defending himself against two defamation lawsuits field in 2012.
The three current commissioners — Leslie Osche, Kim Geyer and Kevin Boozel — also are named as defendants.
Former county Commissioner Dale Pinkerton filed one civil complaint against Eckstein in 2012 while county human resources director Lori Altman and her husband, state Trooper Scott Altman, filed the other shortly afterward.
They alleged Eckstein spread a rumor accusing them of corruption.
According to the lawsuits, Eckstein claimed Altman received an extra 20 percent pay hike in 2011 in exchange for Pinkerton being let off the hook for a drunken driving pullover.
Investigations conducted by the state Attorney General’s Office and state police found no evidence of wrongdoing.
Eckstein maintained he only discussed the rumor being investigated, not saying anything about its validity.
After several years of legal wrangling, both cases were heard simultaneously in a 2016 trial.
Initially, the jury found Eckstein not liable for defamation. However, when the jury was polled, jurors voted 7 to 5 in favor of Eckstein.
As a result, county Judge Kelley Streib ruled a mistrial. In civil cases, there must be a consensus of 10 out of 12 jurors to reach a verdict.
A second trial was set for later in the year, but agreements were reached between all parties.
Eckstein accepted offers by the plaintiffs to pay $3,000 to Pinkerton and another $3,000 to the Altmans.
He insisted those payments were made to avoid higher costs for legal representation in a second trial, not an admission of liability.
