There’s something poetic about a judge who can’t stop vaping long enough to take the bench. Thank you, Cuyahoga County, Ohio.

More specifically, Judge Joseph D. Russo was asked to stop vaping during court proceedings earlier this year by Administrative Judge John J. Russo. The conversation was prompted by a juror complaint.

Furthermore, this isn’t just one lone juror. A man convicted of rape before Judge Russo has asked for a new trial in a motion, arguing in part: “[The judge was] constantly slurping and sucking on a battery powered smokeless watervapor cigar or cigarette (vape)” throughout his trial.

I love vaping, and I’m doing it right now, but I’m also not deciding your fate, you know what I mean?

According to Cleveland.com, they spoke to five attorneys who have seen Judge Russo puffing away during court proceedings. The Justice Center where he works is allegedly “a smoke-free environment.”

A court spokesman said:

…policies on vaping are relatively new and are not included in the current policy manual, which is currently under revision. Vaping will be included in that version when completed.