Ohio Supreme Court Justice, Jennifer Brunner, a democrat, has filed a lawsuit against state officials over a law that requires the political affiliations of justice and appellate judge candidates be made visible on general election ballots. Brunner argues that this law infringes her First, Fifth, and 14th Amendment rights. This law was operative during her last campaign for the position of chief justice, where she lost to Republican Sharon L. Kennedy.
The lawsuit states that these judicial candidates, including those for the Supreme Court, are expected to abide by the state Code of Judicial Conduct when campaigning for judicial office. According to this code, candidates are under obligation to portray the judicial system as fair, impartial, and stripped of partisanship. The code also sets standards for conduct during campaigns and warns that disciplinary actions may be taken against candidates who breach these rules.
However, Brunner points out that this law makes these candidates appear as partisan, similar to candidates for governor, attorney general, county prosecutor, or member of the Ohio General Assembly. Despite this, they are required to campaign along the same guidelines as nonpartisan trial judges.
The lawsuit is filed in the Northern District of Ohio, with Justice Brunner’s husband, Rick L. Brunner of Columbus law firm Brunner Quinn, being one of her representing attorneys. According to Rick Brunner, either the party labels should be removed or the candidates should have the freedom to campaign without restriction.
Justice Brunner’s demands include barring state officials from marking party affiliations on justice and court of appeals judges candidates in 2024 and the years thereafter. Also, she wishes to prohibit disciplinary committees from imposing certain campaigning restrictions on judicial candidates labeled with party affiliations.
Previously, candidates for the positions of Supreme Court justice and courts of appeals judges featured as nonpartisan races on voter ballots during general elections. However, this was altered by a new law passed by the Republican-controlled legislature and Gov. Mike DeWine (R) in 2021. This new law is perceived widely as a Republican strategy to gain an advantage given the red-leaning tendencies of Ohio.
This represents the first challenge against the law, with Brunner’s lawsuit coming after all Republican candidates won the Supreme Court races in November 2022. Brunner states in her lawsuit that this party labeling impacted her run for chief justice, as she won 18 counties that year compared to 40 when she ran as a nonpartisan candidate in elections two years before.
The implications of this lawsuit could affect future Supreme Court races, especially with the court presently controlled by Republicans 4-3. Two of the court’s Democrats, Michael P. Donnelly and Melody J. Stewart are due for re-election in 2024. Additionally, Republican Justice Joseph T. Deters, sworn in on Jan. 7 upon appointment by DeWine, has to run to retain his position.
Justice Brunner, ex-secretary of state for Ohio, will need to run again in 2026 if she wishes to keep her place in the court. However, she also contemplates the possibility of running for a non-judge office. The current Secretary of State, Frank LaRose (R), and Attorney General Dave Yost (R) are listed as defendants, along with the Ohio Board of Professional Conduct and the Office of Disciplinary Counsel. Responses from the defendants are yet to be received.
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