It’s A Caesar’s Wife Thing
The events of Friday evening and Saturday surrounding the State’s Attorney for Wicomico County have generated a lot of discussion, news source reporting, comments from bloggers near and far, and a public admission statement from Mr. Ruark.
Credit where credit is due: According to reports, Mr. Ruark was compliant with the arresting officer(s). In all but the strictest legal sense (he wasn’t in court under oath) he admitted Saturday in his public statement that he’d used extremely poor judgment Friday evening, and by inference, was guilty. Based on the WBOC internet clip, he didn’t assert that this was a first time event; he did state it would be the last.
As to the question of whether he should resign let’s review what’s known and what’s being alleged:
Point 1: Some have commented on his behalf that this is his first offense of any sort. This may be true, or not. It appears that it’s the first offense he’s been charged with. He’s been in a unique position for an extended period of time where he might well have been quietly accorded a wide range of ‘professional courtesies’, or not.
Some commenters have strongly suggested from their knowledge that this was not the first time he’d gotten behind the wheel while under the influence. Any of the substance abuse professionals also know that the majority of folks who are charged for suspicion of DUI or DWI have driven previously after drinking too much, whether or not they were previously stopped.
The report from the police merely states that he blew over the .08 threshold; if he hadn’t, he wouldn’t have been charged. It is silent on how much over the limit the reading was. Bear in mind that the breathalyzer test supporting the charges would have been accomplished at the police station, not at the point of the arrest. So a period of time would have elapsed from the time of the traffic stop until the test at the station. In addition, a longer period of time (when he was enroute) would have passed from the time he finished his drinking until he was intercepted.
Alcohol metabolizes (works its way through your system) at a pretty steady rate so if investigators know when he left the bar they can come up with a fairly accurate idea of his blood alcohol level when he hopped into the car. Thus it’s likely that his BAC continued to drop in the time between arrest and the conclusion of the breathalyzer process. Translation: if pickled in OC; really pickled in SBY and during his multi county dash home.
In a real sense we could stop here…we have sufficient information.
Point 2: He was driving his ‘company’ car. As bad as an accident that involved him and his personal vehicle might have been the same accident in his official vehicle would have created tremendous liability for the county, especially since the 911 call cited speed and erratic driving. Route 90 is an unforgiving stretch of road on a bright, sunny day; much less forgiving on a dark, wintry night after consuming enough alcohol to blow a positive on a breathalyzer. By virtue of his profession and position he was aware of this prospect before taking his first sip.
Point 3: Comments have been posted elsewhere alleging that he has been residing in Worcester County for an unspecified period of time. If residence in Wicomico County was a requirement for his election, it’s pretty clear that continued residence would be a requirement to continue in the office. It would not require a very clever lawyer to move that some document Mr. Ruark had previously signed was invalid because he was no longer entitled to maintain his position following his ‘change’ of residence. A wide range of issues important to the citizens and victims might then be overturned, thrown out or have to be retried. The time and expense could be considerable. It’s not like there are no apartments for rent or houses for sale in Wicomico County. By virtue of his profession and position he was aware of this prospect before unpacking his toothbrush at his new abode. If true, this is professionally reckless behavior.
Point 4: Comments have been posted elsewhere alleging that he has been residing, out of county, with one of his direct subordinates. If or when, this alleged relationship broke up, he and the county could be defending expensive charges from his paramour if the parting wasn’t amicable. Even if the relationship happily persisted, other staff members might well feel that pay raises, caseloads, case types or career advancement had suffered; they might also choose to litigate. Can you spell ‘Slam Dunk’? By virtue of his profession and position he would have been aware of this prospect before that first stolen kiss. If true, this is professionally and personally reckless behavior.
Some commenters have alluded to morale issues in his office, so this concern may already be festering.
Point 5: Assuming that points 1 – 4 withstand scrutiny, how likely is it that the alleged paramour, also an officer of the court, with an equal understanding of the law and the nuances of the law, has been with him on other occasions when he’s been sailing two sheets to the wind and behind the wheel? If so, they have been an enabler and co-conspirator, and have breached their sworn duties also.
Summation: It would be a tough call as to his future even if what had occurred was in his Wicomico neighborhood after dinner out and while driving his personal vehicle. But there is a strong suggestion surfacing that he’s bent a lot of the rules concerning his office and its staff….for his personal whims…..and in a fashion that is entirely detrimental, presently and potentially, to the folks he’s sworn to serve.
Based on points 1 and 2 which he’s already admitted to, Mr. Ruark should resign without delay. Points 3 and 4, if substantiated, just amplify a pattern of poor personal and professional choices over an extended period of time. If point 5 holds, that person should also tender a resignation.
It’s been reported elsewhere that he plans to enter a rehab facility out-of-state; that’s his call. If he’s going into a rehab program his resignation should be effective at the end of the inpatient care (taxpayers are going to pay the freight anyhow under health care provisions).
Without rancor and without any pleasure at his self-inflicted downfall, we wish him the best in his recovery efforts and next endeavor. It’s a Caesar’s wife thing.
Disclaimers:
Personal bias #1: I have a strong bias against folks who drink to excess and drive; across the years I’ve known several innocent folks who were killed by drunken drivers; tragedies all.
Personal bias #2: I have just as strong a bias against folks who are slippin’ around. If you’re married, honor your spouse and your vows. If you’re single, don’t get involved with folks who are not single. As important as trying to work on a marriage should be, if you’re just so miserable, get a divorce…and then go looking. As a bonus, if you and/or your potential paramour are lawyers think of all the legal fees you can save.
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Beautifully stated on all points.