In State ex rel. Russo v. McDonnell, 110 Ohio St.3d 144, 2006 Ohio 3459, 852 N.E.2d 145, the Supreme Court of Ohio held "R.C. 2701.10 and Gov.Jud.R. VI require bench trials in referrals of civil actions pursuant to the statute and the rule, which both specify that cases referred to a retired judge pursuant to these provisions must be tried and determined by a judge." Id. at paragraph one of the syllabus. The question before the court in Russo was not whether the retired judge is permitted to preside, but whether the retired judge is permitted to hold a jury trial or must determine the facts and issues of the case him- or herself. The court in Russo held that the language of R.C. 2701.10 mandates that the judge -- not a jury -- is the factfinder. The court pointed out that "R.C. 2701.10 is 'a consensual reference statute that provides a form of dispute resolution commonly referred to as "private judging" or "rent-a-judge."'" Id. at P24.