Strauss victims ask judge be recused in Ohio State lawsuits, cases be moved to Cincinnati

Sarah Szilagy
Fri, 17 Sep 2021 01:18:10 +0000
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Victims of former university physician Richard Strauss have formally requested the judge presiding over lawsuits against the university recuse himself. Judge Credit: Dispatch file photo/Dispatch via TNS

Victims of former Ohio State physician Richard Strauss have formally requested the judge presiding over lawsuits against the university recuse himself — and the cases be moved to the federal court in Cincinnati.

In a court filing Thursday, lawyers representing more than 100 men who were sexually abused by Strauss during their time at the university pointed to Judge Michael Watson’s wife’s licensing agreement to sell Ohio State flags and his position as an adjunct professor at the Moritz College of Law as amounting to a financial interest in the university, warranting his recusal. The motion also asks the cases be transferred to Cincinnati instead of to another judge in the Columbus court due to other judges’ affiliations with the university.

“The fact that the latest on-going financial interest was only disclosed after a media inquiry and public revelation is particularly concerning,” the motion stated. “And additional details reported in the press — regarding a separate contract or contracts for purchase of services or products resulting in direct financial benefit to the judge’s spouse — have not disclosed by either the Court or by OSU or otherwise confirmed. These public reports create and compound objectively reasonable doubts.”

The motion follows a Sept. 9 phone call with all parties in which Watson disclosed his wife’s licensing agreement with the university to sell Ohio State flags at her Clintonville, Ohio, store, The Flag Lady’s Flag Store. According to the official call transcript, Watson stated he did not view his wife’s association with the university as amounting to a “financial interest” in the university.

In 2019, Watson disclosed his status as an adjunct professor at Ohio State’s Moritz College of Law. Although no parties requested his recusal at the time of his disclosure, the motion to recuse claims his professorship, coupled with his wife’s licensing agreement, amounts to a significant amount of money Watson and his family receive from the university on a yearly basis.

University spokesperson Ben Johnson said in an email Tuesday that Watson’s wife’s store is one of 400 businesses with a non-apparel license, which must pay a 12 percent royalty on all items sold with Ohio State insignia.

Johnson said the Flag Lady’s Flag Store has been a licensee for “decades” and the university bought less than $16,000 worth of merchandise from the business in fiscal year 2021. The university purchases items from about 34,000 vendors.

The motion to recuse states Watson was paid $13,500 in 2021 as an adjunct professor, totalling the university’s financial contributions to his family at $29,500 — about 13.5 percent of his salary of $218,600, according to the U.S. Courts website.

“While many questions remain regarding the details, the timing and the nature of this late-disclosed business venture between OSU and Judge Watson’s wife, and the direct financial interest reported in the Columbus Dispatch, raise reasonable doubts regarding this Court’s ability to oversee this case in an impartial manner and trigger automatic disqualification,” the motion stated.

The motion also stated a venue change to Cincinnati would be reasonable, as there is no Ohio State campus in the city where there would be more impartial judges and it is less than two hours from the main campus.

According to the motion, every judge in the eastern division at Columbus has a connection to Ohio State, leaving them partial to the school in every case in which it is involved.

“To ensure impartial consideration — and to preserve the appearance of the same — this case should be moved to Cincinnati, the farthest division from Columbus,” the motion stated.

Jessica Orozco contributed reporting.

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