Judge takes suspension but balks at decision

• " I decided not to spend my children's college education money on an appeal." — Judge Gregory T. Popovich

Campbell District Court Judge Gregory T. Popovich will be off the bench for 15 days beginning Wednesday.

The judge decided not to appeal a suspension for violating five canons of the state Code of Judicial Conduct, even though he says the Kentucky Judicial Conduct Commission's findings earlier in June were wrong.

"Of course I strongly disagree with the commission's decision," Popovich said Tuesday. "Not one witness testified that I did anything remotely wrong."

He could have appealed to the Kentucky Supreme Court but decided against it.

"Upon reflection, I decided not to spend my children's college education money on an appeal," Popovich said. "My actions were intended to protect our judicial system from unprofessional conduct."

The charges against Popovich stemmed from a DUI case in which the judge said it appeared that the assistant prosecutor, Cameron J. Blau, was helping the defense with its case. The statements in open court happened when Popovich was in a re-election race with Blau. The incident was recorded on video.

A complaint was filed with the conduct commission Sept. 8 and the commission authorized an investigation.

The commission issued its findings June 18, saying that Popovich engaged in misconduct, didn't respect and comply with the law "to act in a manner that promotes public confidence in integrity and impartiality of the judiciary," allowed political interest to impair his objectivity and let outside interests and activities take precedence over his judicial duties. The commission also said Popovich violated another section of the code because "he was not patient, dignified and courteous" to the defense counsel and assistant county attorney.

An attorney for Popovich, Mark Arnzen, said when the decision was released that Popovich had done nothing wrong.

"When a judge believes there may be favoritism given to certain attorneys in his court, he is duty bound to act," Arnzen stated. "Judge Popovich has always devoted 100 percent of his efforts to protecting the criminal justice system in Campbell County and he will continue to do so in the future."

The commission chair, Stephen Wolnitzek, had recused himself from the proceedings. He practices as a lawyer in Northern Kentucky.

The Judicial Conduct Commission received word Friday that Popovich would not appeal the case to the Kentucky Supreme Court and would take the suspension beginning Wednesday, Wolnitzek said.