Friday, June 28, 2002
Some wary of candid candidates
Majority: Opinions valid during judicial races
By Spencer Hunt, shunt@enquirer.com
Enquirer Columbus Bureau
COLUMBUS A U.S. Supreme Court decision Thursday that strikes down limits on what judicial candidates can say to get elected could have a dramatic impact on races for Ohio courts.
The 5-4 ruling rejects a Minnesota rule that forbids candidates to share their opinions on disputed legal or political issues.
Although there is no such rule in this state, Ohio Supreme Court Chief Justice Thomas J. Moyer says judicial campaigning will fundamentally change and he's not happy about it.
I think we're going to have a problem with this, he said.
Most of the states that elect judges, including Ohio, impose some limits on what candidates can say about issues that could later come up in court. The rules are intended to promote a public image of unbiased judges who consider cases solely on their merits.
The Supreme Court's ruling dismisses that notion.
It is virtually impossible to find a judge who does not have preconceptions about the law, Justice Antonin Scalia wrote for the majority. Even if it were possible to select judges who did not have preconceived views on legal issues, it would hardly be desirable to do so.
That means a candidate can now share his own personal opinion on any topic, from abortion to gun control. It would still be unethical, however, for that candidate to promise to decide cases based on personal beliefs.
While Justice Scalia wrote that voters deserve to know a candidate's views before casting their votes, Justice Moyer said it would be virtually impossible to tell the difference between an opinion and a campaign pledge.
Justice Moyer says Ohio's high court could be inundated with complaints from judicial candidates who claim their opponents crossed that line.
That distinction is such a narrow one, it's almost not a distinction, he said. I'm concerned that we're going to have a lot of cases where we are interpreting the Code (of Judicial Conduct.)
Four U.S. justices share Justice Moyer's concerns.
Justice John Paul Stevens said the ruling will allow more politics in judicial elections. Justices Ruth Bader Ginsburg, David H. Souter and Stephen Breyer agreed.
The judicial reputation for impartiality and open-mindedness is comprised by electioneering that emphasizes the candidate's personal predilections rather than his qualifications for judicial office, Justice Stevens wrote.
Justice Scalia, Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor, Anthony M. Kennedy and Clarence Thomas comprised the majority.
Candidates running for two Ohio Supreme Court seats offered different reactions.
A spokesman for Lt. Gov. Maureen O'Connor, a Republican candidate in one of two races for the Supreme Court, said she doesn't need to offer opinions or make promises about cases.
Her opponent, Hamilton County Municipal Judge Tim Black, said in a written statement that he welcomes the chance to speak more freely but promised to not speak so freely that the independence and impartiality people expect of judges is undermined.
Ohio Supreme Court Justice Evelyn Lundberg Stratton did not return a call for comment. Her Democratic Party opponent, Cuyahoga County Common Pleas Judge Janet Burnside, said she sees no difference between offering her opinion and making a campaign promise.
There is no distinction, Judge Burnside said.
The Associated Press contributed to this story.
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