A state disciplinary complaint accuses a candidate for Hamilton County Juvenile Court judge of misleading voters by saying during a radio interview said she previously served as a judge, even though she never held that office.
Susan Luken, currently a magistrate for the county’s probate court, previously served as a magistrate in juvenile court but has never been appointed or elected as a judge.
Juvenile court magistrates preside over cases and have powers similar to a judge, but their decisions are reviewed and approved by one of that court’s two elected judges. Magistrates are appointed by the judges.
Luken's attorney, Mark Byrne, told The Enquirer that Luken misspoke and that the entire context of the interview shows she never intended to mislead
voters.
During the Aug. 6 interview on 55KRC, Luken told host Brian Thomas that she “was a juvenile court judge actually twice in the past.”
Luken's bio on the probate court’s website says she was appointed as a magistrate in juvenile court in 2011, then again in 2021. She has served as a magistrate and assistant court administrator in probate court since 2023. She won the Republican primary for juvenile court judge in May.
Thomas referred to her as “Judge Luken” and called her “an outstanding judge.” She did not correct him.
The complaint alleges that by referring to herself as a judge and by not correcting the host's references to her as a judge, Luken violated the judicial code of conduct.
The Ohio Code of Judicial Conduct states a judicial candidate "shall not knowingly … broadcast … or distribute information concerning the judicial candidate … knowing the information to be false." The code also bars a candidate from misrepresenting his or her identity or using the term “judge” when that person is not a judge.
Kathleen Brinkman, who is active in the Hamilton County Democratic Party and is a supporter of Luken's opponent in November's general election, Judge Kari Bloom, confirmed to The Enquirer that she brought the allegations to the Ohio Supreme Court's Board of Professional Conduct. Brinkman declined to comment further.
Attorney: Complaint based on 'cherry-picked' statements
Byrne said the complaint is without merit.
"It isolates several uses of the word 'judge' during a live radio interview and treats this as evidence that Ms. Luken sought to mislead voters," Byrne said in a statement. "The complete interview and the sequence in which the statements were made during that interview demonstrate otherwise."
Byrne pointed out that Thomas began the interview by correctly identifying Luken as a probate court magistrate, then described her as capable and worthy of serving as a juvenile court judge.
Early in the interview, Luken said: "As you mentioned, I currently am a magistrate with the Hamilton County Probate Court."
Byrne said that when Luken referred to her previous service in juvenile court, "she misspoke and used the word, 'judge,' when the correct word was 'magistrate.' "
It was inadvertent, Byrne said, noting that Luken concluded by identifying Melissa Powers as the judge for whom she had previously worked.
When Thomas referred to her as "Judge Luken" and called her "an outstanding judge," she did not repeat or adopt that characterization, he said.
Luken's "silence during the host's uninterrupted remarks cannot reasonably be construed as an adoption by her of his words or a misrepresentation by her," Byrne said.
"Ms. Luken's professional history of exemplary service to the community is public and her campaign materials accurately describe her activities as a magistrate," he said. "We are confident that when the entire transcript is reviewed and not just a couple of cherry-picked fragments, the only reasonable conclusion will be that she did not knowingly or recklessly misrepresent her current position in an attempt to mislead the public."
A formal complaint against Luken, signed by the director of the Board of Professional Conduct, was filed Aug. 20. A hearing before a three-member panel is scheduled for Aug. 27 in Columbus.
Enquirer reporter Erin Glynn contributed.
This article originally appeared on Cincinnati Enquirer: Candidate for judge faces possible discipline after radio interview
