Judge’s Facebook Posts on Open Case Spur Disciplinary Complaint

An Ohio judge is accused of violating state judicial conduct rules for posting on Facebook inaccurate information about a contentious guardianship case he presided over, which included unfounded accusations that the woman at the center of the case was a victim of elder abuse.

Hamilton County Probate Judge Ralph E. Winkler posted twice in response to comments made in October 2022 by the woman’s son, according to a complaint brought by the Ohio State Bar Association. The woman, who suffers from dementia, had moved in 2016 from her home to an assisted living facility.

The complaint, filed Monday, said that in one post, Winkler wrote, “I am glad a nice neighbor called Senior Services and we got your mother into a safe, clean and healthy care facility. God only knows what would have happened to her if a Good Samaritan neighbor had not reported this elder abuse. The home photos in evidence don’t lie. Anyone in the public can look at them as they are part of your mother’s case file.”

He later wrote to the son, “you lost your case because you were wrong.” He also told the man that “you were wrong for not taking proper care of your mother” and that “when you did make it to court you often reeked of alcohol,” according to the complaint.

The Facebook comments came several years after a court representative told a reporter that the woman “was removed from her home because it was a squalid, unsafe living environment” and because her son wasn’t providing proper care. The first assertion is incorrect and misleading, according to the complaint.

Winkler’s posts also came after years of complaints by the family, both made directly to the judge and online. The Hamilton County Prosecutor’s Office sent the woman’s son a letter in March 2019 asking that he stop sending “threatening and harassing correspondence,” the complaint said.

Still, the guardianship was open at the time and remains open today. Winkler, who recused himself from the case this August at the suggestion of the bar association, later said he relied on his memory when making the posts, according to the complaint.

Winkler also said he realized within a few hours that he shouldn’t have posted the comments, deleted them, and handed control of the Facebook page to a staff member, the complaint stated. He also deleted or hid the son’s comments.

Winkler, who has been on the probate court since 2015, is accused of violating multiple portions of the Ohio Rules of Judicial Conduct. His answer is due by Nov. 13.

An attorney representing Winkler didn’t immediately respond to an email seeking comment.

The case is In re: Complaint Against Ralph E. Winkler, Bd. of Pro. Conduct of the Sup. Ct. of Ohio, No. 2023-032, filed 10/23/23.