Litigation

KY Judicial Rules Decision to Affect Ohio?

By Peter Hardin

A recent federal appeals court decision, giving judicial candidates in Kentucky  a green light to solicit campaign dollars and seek office with advertised political party affiliations, could affect neighboring Ohio.

The Sixth U.S. Circuit Court of Appeals issued the ruling (see Gavel Grab), and states belonging to the circuit include Ohio. In addition, the state “has similar restrictions” to those in Kentucky, “so the ruling is likely to reverberate through the Buckeye State’s judicial campaigns,” according to a Columbus Dispatch article.

The Ohio State Bar Association had backed the restrictions that were challenged in Kentucky. “The intent is to make it as nonpartisan as possible,” explained William K. Weisenberg, assistant executive director of the state bar.

“We want to emphasize the credentials of the candidates – their experience, education and backgrounds – rather than having their party affiliation be the first thing voters see.”

A commentary by senior editor Joe Hallett of the Columbus newspaper was headlined, “Hiding party affiliations of judicial candidates is plain silly.” Hallett wrote that candidates for the state Supreme Court are nominated in partisan primaries, but after that, voters are asked to forget the candidates’ party affiliations in the general election.

Paraphrasing an assistant professor of law, Hallett seemed to have less stomach for the appeals court’s allowing judicial candidates to “dial for dollars, making even more acute a public perception that decisions follow the money.”

The potential impact of the Sixth Circuit’s decision on Ohio also was explored in a Cincinnati CityBeat article, entitled, “Justice Now a Partisan Affair.”

Full post as published by The Gavel on July 21, 2010 (boomark / email).