Jun 24, 2010

Ohio Democratic Party Files Complaint Against Justices O'Connor, Lanzinger

COLUMBUS – The Ohio Democratic Party filed a complaint with the Board of Commissioners on Discipline and Grievances against Republican Ohio Supreme Court Justices Maureen O'Connor and Judith Ann Lanzinger. O'Connor and Lanzinger clearly violated Ohio’s rules of judicial conduct by making public endorsements of other candidates for public office. Such endorsements are flagrant violations of the Ohio Code of Judicial Conduct.

Audio of the statements of Justices O'Connor and Lanzinger can be heard here.

Ohio Democratic Party Chairman Chris Redfern's letter to the Board of Commissioners on Discipline and Grievances follows:

Jonathan W. Marshall, Secretary
Board of Commissioners on Discipline and Grievances
The Supreme Court of Ohio
65 South Front Street, 5th Floor
Columbus, Ohio 43215-3431

Re: Grievances Against Ohio Supreme Court Justices Maureen O’Connor and Judith Lanzinger for Violations of the Ohio Code of Judicial Conduct

Dear Mr. Marshall:

On at least two occasions over the last several months Ohio Supreme Court Justice Maureen O’Connor publicly endorsed Ohio Supreme Court Justice Judith Lanziger for re-election and on at least one such occasion Justice Lanzinger publicly endorsed Justice O’Connor for election as Chief Justice. Justices O’Connor and Lanzinger are sitting Justices and candidates for judicial office this year. Such conduct constitutes flagrant violations of the Ohio Code of Judicial Conduct and I hereby file a formal grievance against Justices Maureen O’Connor and Lanzinger pursuant to “Supreme Court Rules for the Government of the Judiciary of Ohio” Rule II, Section 4(A)(1).

1. Ohio Code of Judicial Conduct Rule 4.1(A)(3): “A judge or judicial candidate shall not…publicly endorse or oppose a candidate for another public office.”

On February 21, 2010, in a speech at a Lincoln Day breakfast in Ashtabula County, Justice O’Connor was recorded stating the following:

I want to talk about another person that is on the court, my colleague, and she is up for reelection, and she sends her regards, and that's Judith Lanzinger. Justice Lanzinger is up; she is in a contested race as well. We are not allowed, as members of the judiciary, to endorse one another or any other campaign, so I cannot tell you how much I would endorse Justice Lanzinger if I could. So I'm not gonna tell you that I would endorse her, if I could. But I'm gonna tell you, please remember the name of Judith Ann Lanzinger, along with Maureen O'Connor when you go to the ballot.

(CD Audio Recording Attached)

More recently, on June 19, 2010, Justice O’Connor spoke at the Ohio Republican State Party Dinner and stated Now I’m going to close, and turn this microphone over to my good friend Judy Lanzinger. Now I want you to all remember, that the canons and judicial rules preclude Justices or judges from endorsing anyone. Now I will not endorse Judy Lanzinger. I wish I could, but I won’t. And since I can’t, I won’t do it. If I could, I would do it, but I can’t. I’m going to ask Judy to come over.

(CD Audio Recording Attached.)

Justice Lanzinger then took the stage and stated:

We cannot endorse anyone. I could not endorse any of these wonderful candidates sitting behind me. But I can tell you that, you know, all of the Lanzingers are going to be voting for Maureen O’Connor. That’s all I can say about that.

(CD Audio Recording Attached.)

The fact that Justices O’Connor and Lanzinger clearly made endorsements under the guise of not endorsing makes their behavior particularly reprehensible. These were not inadvertent slip-ups in the heat of the moment. This was not confusion about Ohio’s Rules of Judicial Conduct. Their actions were intentional violations of the rules with the most pernicious political wink and nod.

2. Ohio Code of Judicial Conduct Rule 1.2 “A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.”

To the extent that Justices O’Connor and Lanzinger argue that their statements were designed to avoid a violation of Ohio’s Rules, the subterfuge of “not endorsing” clearly violates the prohibition against both impropriety and the appearance of impropriety. We expect our Justices to behave in ways that are beyond reproach. Their behavior also demonstrated a cynical view of the Canons.

I respectfully request that the above actions by Justices O’Connor and Lanzinger be investigated and that a formal complaint be issued.

Respectfully,

Chris Redfern, Chairman
Ohio Democratic Party

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