The Ohio Supreme Court has proposed an amendment to the Ohio Code of Judicial Conduct that would require Ohio judges to resign from judicial office before announcing or taking any action in furtherance of candidacy for any non-judicial office. The Proposal adds the term “Candidate” and defines it as
[A] person who has made a public announcement of candidacy for nonjudicial elective office and has taken or engaged in any public action in furtherance of that candidacy, declared or filed as a candidate for nonjudicial elective office with the election authority, or authorized the solicitation or receipt of contributions or support for nonjudicial elective office, whichever occurred first.
This Proposal is thought to have come in response to the actions of Ohio Supreme Court Justice William O’Neill, who announced his candidacy for governor while still on the bench. The Ohio Senate started the process to remove O’Neill from the bench by passing a resolution summoning O’Neill to “appear before the General Assembly and show cause why he should not be removed from office.” O’Neill, however, resigned from judicial office shortly after this resolution.
The Ohio Supreme Court’s Proposal makes no explicit reference to O’Neill. But since its announcement, O’Neill has defended his decision to stay on the bench after announcing his candidacy, stating that it was not improper because he had not yet made his campaign official through the Ohio Secretary of State. O’Neill further argues that the Proposal goes too far and implicates a judge’s First Amendment right to freedom of speech.
Read the Ohio Supreme Court’s proposed amendment here.
