“Mrs. Gaines believes that her rights under the First Amendment were violated and that she was terminated for publishing information during the course of her election bid for the vacant judgeship that merely provided information for the public,” said her attorney, Marc Mezibov.
Gaines lost her race against Jennifer Petrella, who was then appointed as judge when Cross retired after the primary. No Democrat ran for the seat.
Gaines alleges in her lawsuit that she was fired from her job at the courthouse two days after the election “without warning or notice” after Cross had a meeting with her to discuss two emails Gaines sent out during her campaign.
Montgomery County Domestic Relations Court officials declined to comment about the lawsuit, citing the pending litigation.
Cross did not return a request for comment regarding the suit.
“At their meeting, Judge Cross told Ms. Gaines that she worked at the pleasure of the Judge and went on to explain that she found Ms. Gaines’ campaign literature to be ‘offensive,’ that, in distributing it, she had ‘violated the integrity of the Court,’ and that, by doing so, she had placed the Court in a ‘negative light.’ Accordingly, Judge Cross fired Ms. Gaines on the spot,” according to the lawsuit.
One email circulated by Gaines includes headshots of Republican officials including former presidents Ronald Reagan and Donald Trump, Montgomery County Treasurer John McManus, former Trotwood mayor Mary McDonald, Petrella and Gaines.
“What do the following people have in common?” the campaign literature reads. “All were former Democrats. Please remember Jacqueline Gaines is a wife, mother, full-time magistrate, and family law scholar who will bring compassion, empathy, and experience to the family court bench.”
“Besides, should someone without children of her own (my opponent) interview your children and decide their custody and visitation arrangements?” the campaign ad continues.
The other email compares Gaines with her opponent, including a breakdown of their weekly schedules.
Judicial candidates follow different guidelines for campaign finances and advertisements, according to the Ohio Code of Judicial Conduct.
“A judge or judicial candidate shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary,” the code reads.
Mezibov said Gaines and her legal representation believe her campaign literature was lawful, truthful and protected by her free speech rights.
The lawsuit states Gaines lost salary and benefits, experienced emotional pain and felt injury to her professional reputation because of her termination. She seeks reinstatement to her job at the court and compensation for other damages.
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