Judge Lyons, from the Butler County, Ohio, Area I Municipal Court can be fair and impartial despite the challenge from Assistant Butler County Prosecutor Donald Caster that he can't. Part-time municipal court judges can also continue their private legal practice as long as they do not hear cases in which their firm or themselves represent a party. However, like Judge Lyons, they can act as attorney of record for a defendant in a case from another County. In that other County, the Judge is not acting as Judge, nor calling the shots; he is simply acting as a defendant's attorney while another Judge makes the calls.
Prosecutor Caster is challenging Judge Lyons playing these duel roles in OVI/DUI cases. Judge Lyons is acting as defense counsel in another County challenging the validity of the Intoxilyzer machines used in OVI/DUI cases to test a persons alcohol content (BAC). In his own Court, the Judge is hearing cases from other attorney's dealing with the same issue. This is not wrong, nor a conflict. First, the Judge is not making judgment calls in the cases where he is the attorney, and he is not presenting the legal arguments in those cases where is acts as Judge.
It appears the prosecutor is just unhappy with the rulings from the Judge. Not winning, or not having judgments go in your favor, does not mean the Judge is acting inappropriate. If the evidence is flawed or the testing methods are in error, accept it, don't blame it on the Judge. I've practiced many times before Judge Lyons, he's fair and impartial, and makes well examined decisions in accordance with the law. He is not the only Judge in Ohio who has heard and decided these same challenges in OVI/DUI cases.
Read the Article: http://news.cincinnati.com/article/20120308/NEWS/303080163/Prosecutor-wants-judge-off-OVI-cases
