Tracie Hunter insists on being called 'judge'
Tracie Hunter stood alone in front of the judge overseeing her criminal case Friday because moments earlier her attorney said he could no longer represent her.
That unexpected development meant Hunter’s retrial on nine felony charges will not begin Tuesday in Hamilton County Common Pleas Court. A new trial date will be chosen Oct. 5.
It also meant Hunter spoke directly to Judge Patrick Dinkelacker, in an exchange that was both polite and confrontational.
Dinkelacker began by addressing the suspended Hamilton County Juvenile Court judge, who was convicted last year of a felony charge, as “Ms. Hunter.”
“Judge Hunter," she said.
“It’s Ms. Hunter, to me,” Dinkelacker said.
Hunter then listed reasons why she believes Dinkelacker should disqualify himself from her case.
He is one of numerous defendants, Hunter said, named in a federal civil rights lawsuit she filed last month.
"There is no reason for me to step aside from the case because you filed a lawsuit," Dinkelacker told her.
He added that the Ohio Supreme Court’s chief justice earlier this year denied Hunter’s request to remove him.
“If you’ve got a different opinion, take it up with the chief justice,” he said.
Hunter then questioned why a visiting judge has been allowed to handle a lawsuit related to a 2013 fatal crash involving Dinkelacker.
His car was one of two vehicles that struck a woman who was in the middle of Central Parkway. The woman was found to have high levels of cocaine in her system, consistent with being impaired.
"That has nothing to do with this case. That was the worst day of my life," Dinkelacker said. "Do not bring it up again."
Referring to herself, Hunter said: “There should be a visiting judge … handling Judge Hunter’s charges as well.”
Soon after, there was the following exchange:
Dinkelacker: “I don’t want to hear about that case again… It’s inappropriate. It’s hurtful. And I think it’s spiteful.”
Hunter: “And I think the way you’ve treated me is spiteful, as well.”
Dinkelacker: “I disagree with that, 100 percent.”
Earlier, Hunter's attorney, Clyde Bennett II, surprised everyone by asking to be removed from the case. Bennett did not give a specific reason, but told Dinkelacker the relationship between himself and Hunter was "irreparable."
"It's not her fault, it's mine," Bennett said.
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Hunter faces nine counts, including theft and perjury.
Prosecutors say she used a county credit card to pay for her personal court filings in the Ohio Supreme Court, used backdated court documents to prevent prosecutors from appealing her decisions, and arranged for her brother, a Juvenile Court employee, to report to work on an off-day so he could earn overtime.
Hunter stood trial last fall, and a jury convicted her of one count but couldn’t agree on verdicts related to eight others. The ninth count was added in March. She was found guilty of providing confidential documents to her brother, who was fired for punching a teen inmate, so he could use them in a disciplinary hearing.
She was sentenced to six months in jail, but the Ohio Supreme Court has allowed her to remain free while she appeals.