KNR Campaign

Kisling, Nestico and Redick (KNR), donated a $3,600 in-kind contribution for a billboard truck to the election campaign of now-Summit County Judge Alison Breaux, who is overseeing a potential class-action lawsuit against the law firm.

(Screenshot)

AKRON, Ohio -- A Summit County judge whose gag orders restricted access to court records and silenced attorneys from discussing a lawsuit against personal-injury law firm Kisling Nestico and Redick accepted a $3,600 in-kind campaign contribution from the law firm during her election bid last year, according to county election board records.

The plaintiff's lawyers, Subodh Chandra and Peter Pattakos, had sought to delay Wednesday's court hearing to ask the Ohio Supreme Court to remove Judge Alison Breaux from the case after the lawyers learned that KNR lent a billboard truck to Breaux's campaign during last year's general election, according to court records filed this week.

The donation could call into question the judge's ability to hear the case fairly, Chandra said in a Monday letter to Breaux's court.

"The Court's connections with KNR and [co-owner Alberto Nestico] are enough to mandate recusal in this case to avoid even the appearance of impropriety," Chandra wrote in a letter filed Monday.

The judge refused to delay the hearing and give lawyers time to file an affidavit with the Supreme Court. It's unclear if Chandra and Pattakos still plan to file the affidavit ahead of the next hearing, which is scheduled for September.

It's also unclear if the motion will succeed, as previous Ohio Supreme Court opinions have set a high bar for disqualifying judges.

Breaux's gag orders bar lawyers from commenting on any aspect at the lawsuit. The judge's staff attorney, Catherine Loya, said previously that Breaux does not comment on pending issues before her court.

Loya did not return a request for comment Thursday.

Three former KNR clients claim the law firm engaged in an illegal kickback scheme with chiropractor clinics and fraudulently charged customers for investigations that never occurred. KNR denies the accusations, calling them "frivolous."

The case, first filed in September, was reassigned to Breaux when she took the bench in January after she won election in November by less than one percent of the vote.

KNR lent Breaux a rolling billboard truck to use from May through November of last year, during the length of the general election, according to campaign finance reports. In-kind contributions are gifts other than cash donations, but candidates have to estimate how much the gift is worth.

Breaux's campaign marked the donation at $3,600, the records show.

Chandra's letter points to a number of Breaux's rulings that Chandra feels were "erroneous," including dismissing Nestico as a defendant and imposing gag orders removing court records from the online docket.

"The court should be concerned at a minimum, about the appearance of impropriety with its continued involvement in the case," Chandra wrote.

KNR's lawyers have said in court filings that the judge does not have to step down, and accused Chandra and Pattakos of engaging in "intimidation tactics" in response to the judge's rulings against them.

The firm pointed to a 2014 Ohio Supreme Court opinion that held that judges are not required to recuse themselves from a case solely because an attorney on the case donated to their election campaign.

The Ohio Supreme Court noted that a contribution to a judge's campaign by an attorney is not enough to throw the judge off a case because judges in Ohio are elected and campaigning is a fact of life.

The Ohio Code of Judicial Conduct says that that rule applies to lawyers, law firms and litigants, which includes defendants and plaintiffs.

Chandra contends in the Monday letter that the opinions cited in the Ohio Supreme Court opinion included cases where lawyers represented clients before judges whose campaigns they supported, not lawyers who were defendants in civil cases.

To comment on this story, please visit Thursday's crime and courts comments page.

cleveland.com is a partner of the Greater Cleveland Food Bank. Every dollar provides four meals for the hungry. Click here to donate.