By: Spencer Dirrig “I believe it is time to speak up on behalf of all heterosexual males. As a candidate for Governor let me save my opponents some research time. In the last fifty years I was sexually intimate with approximately 50 very attractive females.” That’s how a sitting Justice on the Ohio Supreme Court chose to publicly react on Facebook to sexual assault allegations in the US Senate. Ohio Supreme Court Justice Bill O’Neill is the lone Democrat on the highest Court in the State of Ohio. On November 17th, 2017, the sitting Supreme Court Justice publicly detailed his sexual escapades in a rotten and grossly inappropriate attempt to “speak for all heterosexual males.” Putting aside the distasteful sexism and ignorance of his attempt to defend sexual assailants, the Justice’s comments are gross and unacceptable conduct for a public servant. These statements were unbecoming of a Supreme Court Justice and made an embarrassment of our state. Unfortunately, this is just the newest chapter in a long history of lackluster standards when it comes to the Justices of the Ohio Supreme Court. While Justice O’Neill’s comments were obviously unbecoming, the legacy of corruption and unqualified members of the Court do not end with this Justice. From “not recommended” candidates defeating “highly recommended” Justices to conflicts-of-interest and a disregard for public scrutiny, the Ohio Supreme Court is plagued by less-than-ideal membership. This isn’t the first time Bill O’Neill has neglected his role as a public figure and an upstanding member of the Court. Justice O’Neill declared his candidacy for Governor of Ohio on October 29, 2017. The Ohio Code of Judicial Conduct states that “Upon becoming a candidate in a primary or general election for a nonjudicial elective office, a judge shall resign from judicial office.” So how does Justice O’Neill explain his continued presence on the highest court in the State? He claims that, while he is running for the Democratic nomination for Governor, he is not an “official candidate” until his petitions are filed with the Ohio Secretary of State’s Office. With Justice O’Neill’s most recent behavior, concerning his sexual history statements, it seems the Justice won’t be a competitor for the State’s top job anyhow. Despite this, it is clear that a man who would publicly defend accused abusers like Roy Moore by explicitly detailing his sexual “conquests” to the world does not have the judicial temperament to serve in this capacity. These events are, however, indicative of a much larger issue: we don’t elect quality Supreme Court Justices in Ohio. The elections for each of the seven seats on the High Court are nonpartisan statewide races. The Justices are elected to a six-year term. However, the quality of the candidates may be commonly eclipsed by name recognition and name quality. As there are no party identifiers on the ballot (R or D), many voters cast their ballot for the name they recognize. This creates a serious problem for our court system. If voters choose their candidate for Justice based on name recognition, the effect of monied interests and ad buys become far greater. As such, the races may be tainted by outside spending for unqualified candidates. That being said - voters are not always led to the candidate who spent the most. Justice O’Neill was “famous” for having raised no money for his election campaign. Many believe he won due to his memorable and familiar name: O’Neill. To help voters decide between the candidates for Justice, the Ohio Bar Association examines each candidate’s experience and history in the legal field. After a vote of Bar Association members, the Ohio Bar Association then announces a rating for each candidate: “Highly Recommended, Recommended, or Not Recommended.” The system is meant to ensure that candidates for Justice are experienced and qualified to serve in that capacity. However, the voters don’t always follow these recommendation. “A politically "good" surname can help determine who reaches Ohio's bench, a name game that Ohio's low-information judicial campaigns practically encourage. That's why ratings of judicial candidates by nonpartisan groups, such as the Ohio State Bar Association Commission on Judicial Candidates, can be such a help to voters” (Cleveland.com). Justice Sharon Kennedy, a Republican, was elected to the Ohio Supreme Court in 2012 after defeating Incumbent Justice Yvette McGee Brown, a Democrat. In this critical election, “the Ohio State Bar Association rated Kennedy as "Not Recommended" according to eight criteria: legal knowledge and ability, professional competence, judicial temperament, integrity, diligence, health, personal responsibility, and public/community service” (Ballotpedia). Stunningly, this was the first time the commission gave a “Not Recommended” rating to a supreme court candidate in 14 years. The incumbent Justice Brown, on the other hand, was rated “Highly Recommended” by the commission. With 57% of the vote, Justice Kennedy was elected to a partial term ending in 2014. After her “Not Recommended” rating in 2012, then-incumbent Justice Kennedy declined to participate in the commission’s vetting process in 2014. In what many saw was an affront to the right of the voters to have ample information concerning a Justice’s qualifications, Justice Kennedy simply passed on the opportunity to be examined by the Bar Association. According to Cleveland.com, “that didn't do voters a favor. Ohioans, in picking judges, need more information, not less. Justice Kennedy's decision means voters will have less -- but, perhaps, can infer more.” One possible explanation for Justice Kennedy’s decision to forgo examination could be her troubled approach to judicial impartiality. In March of 2017, Justice Kennedy “gave the keynote speech at Greater Toledo Right to Life's annual legislative briefing breakfast” (Cincinnati Enquirer). Justice Kennedy chose to give this obviously partisan speech despite the fact that the Ohio Supreme Court was scheduled to hear a case that “could close Toledo's last abortion clinic.” This isn’t the first time Justice Kennedy’s views on abortion as a sitting Justice have been brought to the forefront. In 2014, as a sitting Justice, Justice Kennedy responded to a questionnaire for Greater Cincinnati Right to Life and “Kennedy agreed with the statements: “an unborn child is biologically human at every stage of his or her biological development, beginning at fertilization” and “there is no provision in the current Ohio Constitution intended to require the use of public funds for abortion” (Cincinnati Enquirer). While Justice Kennedy’s actions may cause concern over conflicts-of-interest, no one can beat Justice Pat DeWine in that arena. Justice DeWine was elected to the Ohio Supreme Court in 2016, defeating District Court of Appeals Judge Cynthia Westcott Rice. In a familiar trend, Judge Rice was “Highly Recommended” by the Ohio Bar Association while Justice DeWine was “Not Recommended.” According to the OSBA, a “not recommended” vote means the association’s review panel believes the “candidate’s qualifications are not suited to perform the duties and responsibilities of chief justice or justice of the Supreme Court of Ohio” (Plunderbund). In what is, again, a familiar trend, Justice DeWine sparked criticism when responding to a Right to Life of Greater Cincinnati questionnaire as a sitting Judge. The questionnaire asked if the candidates agrees that “laws that require businesses or religious organizations to work for or provide services to gay, lesbian, bisexual and transgender persons despite these entities’ religious or moral objections are unconstitutional.” According to Plunderbund, “other judicial candidates, including those in his own party, refused to take the survey or answer that specific question, but not [DeWine].” Rather, Justice DeWine responded by saying, “The First Amendment’s guarantees of freedom and speech and association are two of our most important rights. Any government effort to infringe on these rights would face the difficult task of meeting strict scrutiny and proving a compelling governmental interest to do so.” This response lead many to believe that Justice DeWine would act against LGBTQ rights on the Supreme Court of Ohio. While this may be alarming, the truly mind boggling element of Justice DeWine’s election is the fact that he is the son of the sitting Ohio Attorney General, Mike DeWine. As the head attorney for the State of Ohio, the Attorney General regularly argues important cases before the very court on which his son now sits. Rather than approach this as a clear conflict of interest, Justice DeWine told Cleveland Plain Dealer that he would “decide on a case-by-case basis on whether he needed to recuse himself.” Here’s the bottom line: our Ohio Supreme Court needs work. Serious work. The highest court in the state makes critical decisions that deeply affect the lives of Ohioans every single day. Republican or Democrat - we need to be proud of the Men and Women we send to this incredibly important court. We need qualified experience, strong ethics and an appreciation for the law. At the end of the day, that’s on us. The voters. If we want to improve the quality of our Court we have to stand up, get informed and get involved. Works Cited
Balmert, Jessie. “Is Justice Bill O'Neill Violating Judicial Code by Running for Governor?” Cincinnati.com, Cincinnati Enquirer, 31 Oct. 2017, www.cincinnati.com/story/news/politics/2017/10/30/justice-bill-oneill-violating-judicial-code-running-governor/814243001/. Bever, Lindsey, and Marwa Eltagouri. “Ohio Governor Candidate Apologizes for Boasting of Sexual History with ’50 Very Attractive Females.’” The Washington Post, WP Company, 18 Nov. 2017, www.washingtonpost.com/news/politics/wp/2017/11/17/ohio-governor-candidate-boasts-of-sexual-history-with-approximately-50-very-attractive-females/?utm_term=.02361ed327c5. Bischoff, Laura. “DeWine & O’Toole Not Recommended for Supreme Court | Ohio Politics | Government Issues & News.” Ohio Politics Government Issues News, Dayton Dailey News, 17 Feb. 2016, www.ohiopolitics.blog.daytondailynews.com/2016/02/17/dewine-otoole-not-recommended-for-supreme-court/. Board, Editorial. “Did Ohio Supreme Court Justice Sharon Kennedy's Speech Disqualify Her from Ruling on Toledo Abortion Clinic Case? Editorial Board Roundtable.” Cleveland.com, Cleveland.com, 18 May 2017, www.cleveland.com/opinion/index.ssf/2017/05/justice_sharon_kennedys_speech.html. Board, Editorial. “Ohio Supreme Court Justice Sharon Kennedy's Bypass of Ratings Process a Disservice to Voters: Editorial.” Cleveland.com, Cleveland Plain Dealer, 27 June 2014, www.cleveland.com/opinion/index.ssf/2014/06/ohio_supreme_court_incumbent_j.html. Breaking News Staff, Lynn Hulsey 8:30 p.m Friday, Nov. 17, 2017 News. “Ohio Supreme Court Justice Boasts of Bedding 50 Women as Part of Defense of ‘All Heterosexual Males.’” Dayton Daily News, 17 Nov. 2017, www.daytondailynews.com/news/ohio-supreme-court-justice-comes-defense-all-heterosexual-males/YsvDbBFZXgS39Qj8W0QagJ/. Chrissie Thompsonfink. “As Court Considers Clinic Closure, Justice Speaks at Anti-Abortion Event.” Cincinnati.com, Cincinnati, 17 Mar. 2017, www.cincinnati.com/story/news/2017/03/16/ohio-justice-sharon-kennedy-toledo-right-to-life-court--abortion-clinic-case/99274538/ DeWitt, DC. “Ohio Supreme Court Has No Place For Pro-Discrimination Pat DeWine.” Plunderbund, Plunderbund, 15 Apr. 2016, www.plunderbund.com/2016/04/15/ohio-supreme-court-has-no-place-for-pro-discrimination-pat-dewine/. Evans, Jack. “Primer: Pat DeWine vs. Cynthia Rice for Ohio Supreme Court.” Cincinnati.com, Cincinnati, 21 Oct. 2016, www.cincinnati.com/story/news/politics/elections/2016/10/20/primer-pat-dewine-vs-cynthia-rice-ohio-supreme-court/92407520/. Gajanan, Mahita. “Ohio Judge Bill O'Neill Brags About Sexual History.” Time, Time Magazine, 17 Nov. 2017, www.time.com/5030487/ohio-supreme-court-bill-oneill-sex-brag/. Heisig, Eric. “Republican DeWine Wins Seat on Ohio Supreme Court, Other Race Too Close to Call.” Cleveland.com, Cleveland Plain Dealer, 8 Nov. 2016, www.cleveland.com/court-justice/index.ssf/2016/11/republican_dewine_wins_seat_on.html. Pureval, Aftab. “Ohio Supreme Court Justice Bill O'Neill Does Not Speak for Me: Aftab Pureval (Opinion).” Cleveland.com, Cleveland.com, 22 Nov. 2017, www.cleveland.com/opinion/index.ssf/2017/11/ohio_supreme_court_justice_bil_2.html Richardson, Seth A. “Sitting Supreme Court Justice Bill O'Neill, Responding to Franken Allegations, Claims Bedding 50 Women.” Cleveland.com, Cleveland.com, 20 Nov. 2017, www.cleveland.com/open/index.ssf/2017/11/sitting_supreme_court_justice.html “Sharon L. Kennedy.” Ballotpedia, Ballotpedia, www.ballotpedia.org/Sharon_L._Kennedy#cite_note-22. Smyth, Julie Carr, and Laura A Bischoff. “Create a New Password.” William O'Neill to Run for Ohio Governor, WHIO 7, 29 Oct. 207ADAD, www.whio.com/news/state--regional/ohio-supreme-court-justice-announces-run-for-governor/5ldNCEFoKdPG2OLqTasDoK/.
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