Eckstein versus lawyers
The Butler County Bar Association is mulling whether to respond to county Commissioner Jim Eckstein's claim that jury tampering could occur in a defamation case against him.
Most of the roughly 30 attorneys who attended an association meeting Thursday voted to form a committee to determining if there should be a response to Eckstein.
The bar association has more than 120 members.
Butler attorney Mike Gallagher, association president, said in an interview that he will appoint three attorneys to the committee, which will verify Eckstein's intent from remarks he made at the June 19 commissioners meeting.
At that meeting, Eckstein accused fellow Commissioner Dale Pinkerton, who is one of three people suing Eckstein for defamation, of eliminating the part-time county jury commissioner posts May 23 to gain leverage in the lawsuit.
Eckstein said Pinkerton now could conspire with President Judge Thomas Doerr to taint the jury pool for the defamation case against Eckstein.
Eckstein said in an interview that his prior comments did not mean he was accusing Doerr of impropriety, just there is the appearance of impropriety.
Gallagher said the bar association may issue a response depending on what the committee finds. He did not rule out a presentation being made at a future commissioners meeting.
“All options are open,” Gallagher said.
He said none of the attorneys at the Thursday meeting opposed the formation of a committee. A few lawyers did not vote.
Attorney Margaret Abersold, who is Eckstein's administrative assistant, attended the meeting, but was among those who did not vote.
Gallagher said the association has an obligation to defend the court from unfounded accusations.
Eckstein disagreed, saying the state code of civility does not cover what people outside the court system allege.
Before the meeting, Eckstein handed out papers detailing his side of the story while standing outside the bar association office on Main Street.
Gallagher had no problem with Eckstein's presence outside the building.
“It's a free country,” Gallagher said.
Eckstein said the association is practicing a double standard considering whether to admonish him since Doerr previously categorized him a security risk when assigning a roving deputy sheriff to patrol in the commissioners office on the fifth floor of the government center.
“Why didn't the bar association only concern itself with an individual's viewpoint about the judiciary and not with Judge Doerr's opinion about the individual,” Eckstein said. “Justice and free speech is not just a one-way street. If I have to explain that to the legal professionals in Butler County, then where is justice to be found.”
In late 2012, Doerr issued the order for extra security, citing Eckstein's conduct leading people to fear physical confrontation with him would occur at some point.
Eckstein maintains he was unjustly categorized as potentially dangerous considering he has no history of violence and owns no firearms.
He said Doerr was out of line involving himself in the affairs of the executive branch of government.
“We have to have a separation there,” Eckstein said. “He made a mistake there.”
Doerr declined to comment.
During a meeting between Doerr and the commissioners, Eckstein, Pinkerton and Commissioner Bill McCarrier agreed the patrols were an acceptable measure.
Doerr previously stressed he has the authority to implement security measures for the courthouse and government center.
At the time, he said his involvement was precipitated by multiple people expressing concern about Eckstein's behavior.
Eckstein said the bar association's motivation for Thursday's action is not to fulfill an ethical obligation.
“I definitely think it's political,” he said. “Most people consider the majority of lawyers to be right above used car salesmen.”
Eckstein pointed out the attorneys must go before Doerr and other county judges daily, so the lawyers are trying to curry favor.
“They're prejudiced,” he said. “They're not an unbiased group.”
Eckstein also questioned the motivations of two of three attorneys who petitioned for the Thursday meeting.
He said Tom King has ties to the county with his firm serving as special counsel for various county legal issues and Al Lindsay is representing county personnel director Lori Altman and her husband, state Trooper Scott Altman, two other people who are suing Eckstein for defamation.
King pointed out the vote Thursday was unanimous.
“The vote was 31 to nothing,” he said. “I'm only one lawyer.”
Gallagher said the association bylaws allow any member to petition for a meeting.
