BUCYRUS–Interim Law Director Brian Gernert has violated the terms and conditions of his probation for a second time. The most recent violation resulted in the dismissal of a case he was to prosecute on behalf of the City of Bucyrus.
As a result of those actions, a complaint is on file with the Ohio Board of Professional Conduct.
According to the eight-page complaint, the parole violation occurred on May 19th after Gernert (as interim law director) attempted to reschedule a bench trial in the Crawford County Municipal Court.
The trial was to begin at 9 am. About ten minutes before that time, Gernert called the court clerk.
The complaint read:
“During the call, the clerk had difficulty understanding the respondent (Gernert) as his speech was heavily slurred. The clerk surmised that respondent wanted to dismiss the charges, as respondent indicated that he will call off the police officer.”
The Court Magistrate treated the call as a request for a continuance, denied the request, and dismissed the case for failure to prosecute.
The complaint continues to outline what happened next:
“That same day, respondent’s probation officer, made an unannounced visit to respondent’s home to administer an alcohol use test. Respondent tested positive for alcohol consumption.”
Gernert will appear in the Crawford County Municipal Court at 1:30 pm on July 18th for a probation violation hearing.
The complaint concludes with the assertion that Gernert’s conduct is prejudicial and adversely reflects his fitness to practice law.
Attorney Johnathan Coughlan, representing Gernert, filed a document with the Ohio Board of Professional Conduct in which Gernert admitted to the allegations in the complaint.
Crawford County Now contacted Bucyrus Mayor Jeff Reser for comment and received no response.
Crawford County Now will continue to cover this developing story.
To read the entire complaint The Ohio Board of Disciplinary Conduct issued, click the link below.