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Butler County judge handed out tough love, second chances

Fellow judges, friends and onetime defendants recall David Niehaus' passion, fairness.

RELATED: Funeral photos | View & sign guestbook | Obituary

By Josh Sweigart

Staff Writer

Monday, August 04, 2008

HAMILTON — Judges in black robes, honor guard officers, friends and family gathered to honor the passing of the caring husband and father who brought passion to the bench.

Butler County Juvenile Court Judge David Niehaus died Thursday, July 31, of a heart attack.

"He was a good family man and he brought that kind of passion and sensitivity to the courtroom," said Judge Ronald Craft, also a juvenile judge.

Niehaus' casket at his funeral Mass on Monday, Aug. 4, was surrounded on one side by judges in black robes and honor guard officers from the West Chester Twp. police department, and on the other by his family in front of St. Julie Billiart Catholic Church in Hamilton.

The subtle homages to 64-year-old Niehaus' life continued throughout the Mass. Hundreds of people packed the church, leaving dozens listening from the hallway.

The Rev. Mike Pucke, pastor of St. Julie Billiart, quoted Solomon in a passage addressing God as a noble judge.

"Though you are master of might, you judge with clemency ... and you taught your people, but these deeds, that those who are just must be kind," he said.

While Niehaus practiced tough love for those who entered his courtroom, his decisions were tempered by compassion, said May Nell Evers, his secretary for 10 years until 1998.

"He would give someone the biggest second chance in the world," she said.

The Ohio Supreme Court named retired Butler County Common Pleas Judge Matthew Crehan to the court for up to 90 days. Gov. Ted Strickland will appoint a full-time replacement after receiving input from a committee. This likely will place the only Democrat in any countywide elected post, who then must run for re-election in November.

But such politicking was far from Niehaus' mind on the bench, West Chester Twp. attorney Anne Tamashasky said while waiting to enter the church.

"He was a very good judge and he cared for what he did, and the politics never entered into it," she said. "You won't find many who could replace him."

Juveniles now grown appreciate judge's 'tough love' approach

Every day before he passed away Thursday, July 31, Butler County Juvenile Judge David Niehaus would have a chicken sandwich and diet soda from Wendy's for lunch.

One day, a man walked up to Niehaus and thanked him for sending him to jail.

The man had been convicted as accomplice to a murder in Fairfield, recalled Bryan Bogard, Niehaus' former bailiff. Bogard said the young man now planned to go to law school.

It wasn't uncommon for someone to come back years later and thank Niehaus, said Greg Bliss, Niehaus' current bailiff. "At the time they thought it was harsh ... but they're now leading productive lives," he said.

Of course, not all decisions were easy.

"I saw the judge make difficult decisions and walk out of the chamber with tears in his eyes," said Bogard.

But Niehaus was generally regarded as fair, according to Michael Hesson, who grew up in Butler County.

"I would like to say that Judge Niehaus, as many of us kids from the neighborhood knew, was a tough but fair judge," Hesson wrote on a message board memorializing Niehaus. "He watched me grow up in that courtroom, in and out since I was 12."

"I am now 22 years old and I live with pieces of wisdom that he gave me every day, and now that I'm a man, I know what he was trying to say, to help me, not punish me. He truly was a great and wise man."

Matthew Bowling of Hamilton also wrote of how Niehaus impacted his life for the better.

"He gave me a chance at a new life and a life with my kids, I'm so grateful to him playing a part in my life, without him I wouldn't be here."

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