Cincinnati.Com
NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help
Currently:
41°F
Cloudy
Weather | Traffic
The Enquirer
HOME
NEWS
ENTERTAINMENT
SPORTS
REDS
BENGALS
LOCAL GUIDE
MULTIMEDIA
ARCHIVES
SEARCH
 
 TODAY'S ENQUIRER 
 Front Page 
-- Local News 
 Sports 
 Business 
 Editorials 
 Tempo 
 Home Style 
 Travel 
 Health 
 Technology 
 Weather 
 Back Issues 
 Search 
 Subscribe 

 SPORTS 
 Bearcats 
 Bengals 
 High School 
 Reds 
 Xavier 

 VIEWPOINTS 
 Jim Borgman 
 Columnists 
 Readers' views 

 ENTERTAINMENT 
 Movies 
 Dining 
 Horoscopes 
 Lottery Results 
 Local Events 
 Video Games 

 CINCINNATI.COM 
 Giveaways 
 Maps/Directions 
 Send an E-Postcard 
 Coupons 
 Visitor's Guide 

 CLASSIFIEDS 
 Jobs 
 Cars 
 Homes 
 Obituaries 
 General 
 Place an ad 

 HELP 
 Feedback 
 Subscribe 
 Search 
 Newsroom Directory 




 
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.

       



35,000 braved storm at stadium
Excerpts from the Rev. Billy Graham's sermon
Graham's message to Cincinnati: Love each other, dark or light
Message on race: Love each other
Moment with Graham has inspired woman for decades
Munoz now tackling 'godly legacy'
Visitors have God, others in mind
Major insurance companies sued
Supreme Court upholds Cleveland voucher plan
Voucher possibility raises hopes
Voucher ruling narrowed church-state divide
Abducted child's father appeals to Powell for help
Budget cuts put squeeze on libraries
Project aims to beautify the Ohio
Hundreds expected to ply waters at Ohio River Run
Ind. casinos weigh new rules
Lawyer mum on missing girl
Obituary: William J. Schrimpf was doctor, artist
Tristate A.M. Report
BRONSON: Bigotry exists
SMITH AMOS: Meningitis study
Liberty Twp. woos Levee developer
Teen to be tried as adult in rape
Two boards divided on hospital site
- Some wary of candid candidates
Emberton elevated to top appellate spot
Judge to rule on sealing abuse documents
Kentucky News Briefs
KSU may hire an interim chief
Newspaper workers fined in name dispute
'Vette museum, coupe mark golden jubilee

 

Latest Headline News
Updated Every 30 Minutes
AP TOP HEADLINE NEWS

Iraqi Official: 150,000 Civilians Dead

Sen. Allen Concedes Defeat in Virginia

Bush, Pelosi Hold White House Talks

Massive Recall of Acetaminophen Underway

Mubarak Warns Against Hanging Saddam

Bolton Unlikely to Win Senate Approval

AP: Startling Findings in Tillman Probe

Ed Bradley of '60 Minutes' Dies at 65

U.S. Rises in Auto Reliability Ratings

49ers Look to Relocate New Stadium



Cincinnati.Com
Search our site by keyword:  
Search also: News | Jobs | Homes | Cars | Classifieds | Obits | Coupons | Events | Dining
Movies/DVDs | Video Games | Hotels | Golf | Visitor's Guide | Maps/Directions | Yellow Pages

  CINCINNATI.COM  |  NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help


Search | Questions/help | News tips | Letters to the editors | Subscribe
Newspaper advertising | Web advertising | Place a classified | Circulation

Copyright 1995-2007. The Cincinnati Enquirer, a Gannett Co. Inc. newspaper.
Use of this site signifies agreement to terms of service updated 12/19/2002.