ELYRIA — Lorain County Common Pleas Judge James Burge on Friday rescinded his order naming two other judges to sit with him on a panel that was set to hear a capital murder case next year.

Burge said he decided not to leave the order in place because of a request county Prosecutor Dennis Will filed last week asking the Ohio Supreme Court to stop him from naming the members of the panel to hear the case of accused killer Ronald McCloud.

“I want to get this thing worked out without costing the general division money to defend this lawsuit filed by Dennis Will,” Burge said.

Will’s office argued that Burge didn’t have the power to name fellow judges Raymond Ewers and Edward Zaleski to sit on the panel with him. They contend he should have followed the same practice presiding Judge Mark Betleski did when he randomly selected Burge and Ewers to sit on a three-judge panel last year. Nieves was ultimately convicted but spared a death sentence.

Betleski refused to sign the order naming Zaleski and Ewers to the panel, so Zaleski, the county’s administrative judge signed the order.

Burge said he and his fellow judges earlier this year agreed to allow each judge to select how the members of three-judge panels in capital cases in their courtrooms were picked.

Now, he said, they will examine the issue again.

“We’re going to review it as judges to avoid a lawsuit,” he said.

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