Judge sues for defamation

IRONTON — Ironton Municipal Court Judge O. Clark Collins Jr., who is running for Lawrence County Common Pleas Judge, is taking action over claims regarding whether or not his court operates a drug diversion program.

In a written statement announcing the lawsuit, Collins said he “filed a defamation lawsuit to protect Lawrence County voters from being defrauded by dishonest and misleading campaign attacks.”

Listed as the defendants in the lawsuit that was filed Wednesday in Lawrence County Common Pleas Court are the Informed Citizens of Lawrence County Facebook page c/o Joshua M. Wheeler as the alleged administrator; Joshua M. Wheeler himself; James T. Holt IV, a local attorney accused of having ties to the Informed Citizens page and the cousin of Andy Ballard, Collins’ opponent for common pleas judge seat; and anyone who may also be involved with the Facebook page, listed as John Does.

The primary focus of the lawsuit are allegations that, after the Meet the Candidates political forum in Burlington on Sept. 22, social media posts on the Informed Citizens page and comments by Holt accused Collins of lying about operating a drug court.

During the forum, Ballard’s main platform was his desire to institute a program in which first time low-level felony drug users would have the opportunity to go through a structured treatment program instead of being incarcerated, while Collins contended he has operated a drug court diversion program since 2000. According to the lawsuit, Collins’ program “gives minor offense, first-time drug offenders the opportunity to go through a structured treatment program instead of being incarcerated.”

Copies of transcripts of Ballard’s and Collins’ remarks regarding the issue from that night were attached to the complaint.

According to the lawsuit, shortly after the Meet the Candidates Night, “Holt began to publicly accuse Collins of lying about having a drug court or diversion program.”

Copies of Facebook posts were attached to the complaint.

“On Sept. 30, 2016, the defendants began publishing a video that repeatedly asserts that Collins told a ‘bold-faced lie,’ told a ‘lie’ and made a ‘bogus’ claim,” about having a drug court, the complaint states.

The suit also alleges the video claims that “Collins is a liar because ‘no judge has ever petitioned for the operation of a graduated drug court in Lawrence County’ and the Ironton Municipal Court diversion program has not been ‘certified’ as a drug court.”

By Dustin Melchior

The Ironton Tribune