Former Delaware County Common Pleas Judge James P. Schuck will not face criminal charges over allegations of stalking and sexual misconduct, leaving Gov. Mike DeWine to fill a judicial vacancy that directly affects felony and civil cases for Powell, Liberty Township and Lewis Center residents.

The Cuyahoga County Prosecutor's Office sent a letter Aug. 10, to the Montgomery County Sheriff's Office stating it found "insufficient admissible evidence" to present the case to a grand jury, the Delaware Gazette reported. The office said it could not sustain its burden of proof but could revisit the matter if new information surfaces.

Debora Brewer, the major trial unit supervisor in the sex crimes and special victims division of the Cuyahoga County Prosecutor's Office, signed the letter. The Montgomery County Sheriff's Office and the Cuyahoga County Prosecutor's Office had been appointed to investigate the case, removing it from Delaware County where Schuck served.

Background

An assistant prosecutor at the Delaware County Prosecutor's Office filed for a protection order against Schuck in November 2025, alleging he invited her to his chambers on May 13, 2025, stopped her from leaving, pushed her against a wall and engaged in sexual contact without her consent. She also alleged Schuck sent her "tens of thousands" of messages and refused to stop contacting her.

Visiting Judge Richard A. Frye granted a protection order in March 2026, effective through November 2026. The assistant prosecutor resigned from the Delaware County Prosecutor's Office in May 2026, writing in her resignation letter that she suffered from "a wrongful, power-imbalanced relationship with Judge Schuck."

Schuck had been on leave since November 2025 and submitted his retirement letter to DeWine and Ohio Supreme Court Chief Justice Sharon L. Kennedy in June 2026. His term was set to expire in 2030.

In January 2026, Schuck's attorney Bradley Koffel acknowledged Schuck had a personal relationship outside his marriage but denied criminal wrongdoing. "That personal failing does not equate to criminal conduct, nor does it support the false and defamatory accusations that have been made," Koffel said at the time.

What's next for the bench

The Delaware County Common Pleas Court General Division, which handles felony criminal cases and major civil matters for all Delaware County residents, has been operating with a vacancy since Schuck's June retirement.

Under Ohio Revised Code Section 107.08, the governor appoints a replacement when a midterm vacancy occurs on a Court of Common Pleas. A successor is then elected at the first general election occurring more than 40 days after the vacancy. Ohio's next general election is Nov. 3, 2026, which falls more than 40 days after Schuck's June departure.

As of Monday, Aug. 17, DeWine had not announced an appointment. The governor's office previously said the length of the appointment would be determined at the time it is made, given the proximity to the next general election.

No timeline for the appointment has been announced.