Skelton’s office did not return a request for comment.
The complaint against Skelton alleges he did not disclose communications he was having outside the courtroom with Aaron Cox and his relatives regarding his case and request for probation.
Cox was sentenced in 2020 by Judge Michael W. Krumholtz on charges of felonious assault, aggravated robbery and other counts. Cox allegedly “knocked a police officer to the ground, jumped in the driver’s seat of the police officer’s cruiser, and drove over the officer’s arm while fleeing the scene” in a 2019 incident, according to the complaint.
Cox’s mother reportedly worked at a medical center where Krumholtz and Skelton were patients. She told Skelton about her son’s case when he was at a medical appointment, and the two began communicating via email and phone about Cox’s case after his 2020 sentencing, according to the complaint.
Cox’s attorney did not return a request for comment regarding the Ohio Board of Professional Conduct complaint.
Before Krumholtz’s February 2022 retirement from the bench, Skelton told Cox’s mother while attending a medical appointment that he would talk to the judge about taking over Cox’s case.
Cox’s attorney filed a motion for judicial release in January 2022, which was denied by a visiting judge assigned to oversee Cox’s case after Krumholtz’s retirement.
Cox was not eligible to be released until Feb. 3, 2025, according to the complaint.
In April 2022, Cox’s case was transferred to Skelton. Skelton reportedly did not disclose that he had been speaking to Cox’s mother about his case, both over text and during in-person meetings.
The complaint says Cox’s mother texted Skelton on April 15, 2022, asking for an update on her son’s case and Skelton replied four days later, asking to meet.
Cox’s attorney filed another motion for judicial release on May 18, 2022. Cox’s mother texted Skelton that evening to let him know, according to text messages excerpted in the complaint.
“You told me to let you know,” she wrote. “I can’t thank you enough!!! Thank you from the bottom of my heart!!”
“Saw that… will let u know when we schedule,” Skelton replied.
On May 20, 2022, Cox was transported from Chillicothe Correctional Institution to the Montgomery County Jail in preparation for his judicial release hearing.
Skelton texted Cox’s mother that morning to update her on the hearing.
“I probably will not do the hearing during my docket – will call u later and let u know my plan. Remember, do not tell him he is getting released. Talk soon, judge dick,” he wrote.
“Perfect thank you!! I promised I will not tell him you are releasing him!! Like I said I can’t thank you enough!!” she replied.
On June 8, 2022, Cox and Skelton met without prosecutors and Cox’s defense attorney present, according to the complaint. During the meeting, Skelton reportedly asked Cox about his drug use and told Cox that he would grant his release with conditions.
Cox called his mother about the meeting while staying at Montgomery County Jail, according to the complaint.
Skelton granted Cox’s motion for judicial release in June 2022, and following the hearing, personally escorted him outside of the courthouse, where Cox’s mother and children were waiting.
The state appealed the judicial release in July 2022, arguing that he was not eligible because he had not served four years of his five-year sentence, among other procedural errors. Probation violations were filed against Cox in September 2022, and he was ordered to go back to prison in 2022.
Cox was listed as an inmate at an Ohio prison as of Wednesday afternoon, according to the Ohio Department of Rehabilitation and Correction.
Montgomery County Common Pleas Court judges Mary Wiseman and Timothy O’Connell confronted Skelton after learning about his communications with Cox and his mother prior to his release, the complaint says. Skelton reportedly refused to self-report the alleged misconduct, according to the complaint.
Skelton has until Oct. 4 to respond to the complaint.
Skelton was involved in a 2020 civil rights lawsuit that alleged his former employee was wrongfully terminated because of his disabilities after being forced to do work at a judge’s private home and law firm.
That suit resulted in a $70,000 settlement with the former employee. The Dayton Daily News uncovered the settlement while analyzing county payroll records as part of the annual Dayton Daily News Payroll Project.
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