Legal battle over Ohio judicial ballot law gains momentum

COLUMBUS, Ohio (WCMH) — A challenge to an Ohio law impacting what voters see on the ballot when it comes to some of the state's judicial candidates is moving forward.

The law, signed by Gov. Mike DeWine more than four years ago, requires party affiliations to be listed on general election ballots for candidates running for the Ohio Supreme Court and appellate court districts. Since that time, the balance of the state's highest court has tipped Republican, with a 6-1 majority.

In 2023, the sole Democrat on the Ohio Supreme Court, Justice Jennifer Brunner, filed a lawsuit alleging her First Amendment rights were violated by the 2021 ballot rule. The complaint names Ohio Secretary of State Frank LaRose, the Office of Disciplinary Counsel, the Board of Professional Conduct and Ohio Attorney General David Yost as plaintiffs.

In the document, Brunner's 2022 run for the office of chief justice of the Supreme Court of Ohio is cited as the origin of the legal action. In the November general election that year, Brunner lost the race to the current chief justice, Sharon Kennedy. The suit states that this “was the first time S.B. 80 was administered in a judicial election, requiring political party affiliation to appear on the ballot next to the names of candidates for justice, chief justice and judge of the court of appeals.”

The complaint cites Rule 4.5 of the Code of Judicial Conduct, which requires a judge to resign from judicial office when they become a candidate in a primary or general election for a nonjudicial elective office. It explains that campaigning for nonjudicial elective public office includes “making pledges, promises, or commitments,” which is “inconsistent with the role of a judge, who must remain fair and impartial to all who come before him or her.”

The lawsuits' most recent hurdle was cleared in August, when U.S. District Judge Benita Y. Pearson ruled that it can proceed. Pearson denied a motion for judgment on the pleadings by defendants Joe Caligiuri, Rick Dove, and Judge John Willamowski.

“We are pleased with the court's decision, and are hopeful that we will prevail as the case is finally determined,” said Patrick Quinn, Brunner's counsel in the lawsuit, in a statement to NBC4.

However, as the legal action progresses, Brunner’s current term is set to end on Jan. 1, 2027. At this time, there is no clear Republican challenger for the seat.