Keeping It All in the Family—When Should State Supreme Court Justices Recuse Themselves?

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An Ohio Supreme Court Justice has become the subject of an ethics complaint that alleges the Justice decided cases in which his father was a named party, allowed his father to use the Justice’s image to promote his father’s gubernatorial campaign, and abused his clout to help his son obtain a paid internship at an Ohio county prosecutor’s office. Family

The ethics complaint began after Lee Coll, a University of Toledo law graduate, was barred from taking the Ohio bar exam in a decision that included Justice Patrick DeWine. Coll was not allowed to sit for the bar exam based on statements he made in his bar application.

The complaint notes concerns that Justice DeWine has created questions of impropriety by hearing at least four cases in which his father and Ohio Attorney General, Mike DeWine, is named as a party. These cases were heard while Justice DeWine’s father is running for Governor in Ohio. The complaint argues that “[t]o conclude that the father-son relationship has no impact [on the cases] would be to ignore basic human nature.”

To this concern Justice DeWine notes that he consulted two ethics professionals who informed the Justice he would not need to recuse himself unless his father personally appeared before him. Moreover, Justice DeWine recused himself from a dispute in which the Attorney General’s office was fighting a records request. At this point in time Justice DeWine has not issued responses to the allegations that he allowed his father to use his image in support of his father’s gubernatorial campaign and that the Justice used his political clout to assist his son in obtaining a paid internship.

To remedy any potential conflicts, the ethics complaint calls for Justice DeWine to recuse himself from cases involving the Attorney General’s office and the prosecutor’s office of the county where his son is currently interning. This will surely be an exciting case to follow.

Read the full article here.

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