Category Archives: Judiciary

Commentary: Federal Appeals Court Upholds Nonpartisan Ballot for Ohio Judges in General Election

The U.S. Court of Appeals for the Sixth Circuit recently rejected a challenge to allow party designations for judges on the general election ballot in Ohio. The case is Ohio Council 8 v. Husted, 16a0034p.06.

Ohio judicial elections have … Continue reading

Posted in Commentary, Judiciary, Ohio Supreme Court Watch |

Ohio High Court on Summer Recess.

Unlike the United States Supreme Court, the Supreme Court of Ohio does not have official terms. But the Ohio high court does have an informal summer time out from hearing cases.  There are no oral arguments set until September 1, … Continue reading

Posted in Judiciary, Ohio Supreme Court Watch |

Commentary: Are Judicial Elections Different After All? Williams-Yulee v. The Florida Bar.

Ever since the 2002 case of Republican Party of Minnesota v. White,  in which the U.S. Supreme Court struck down, on First Amendment Grounds, the “announce clause” of the Minnesota Supreme Court’s Code of Judicial Conduct, which prohibited judges … Continue reading

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Commentary: Columbus Judge Properly Receives a Disciplinary Slap.

On March 11, 2015, in Ohio State Bar Assn. v. Salerno, 2015-Ohio-791, the Supreme Court of Ohio publicly reprimanded Franklin County Municipal Court Judge Amy Salerno for telling jurors in open court in a criminal case they had reached the … Continue reading

Posted in Commentary, Judiciary, Ohio Supreme Court Watch |

Commentary: The Death Penalty and Elected Judges

Now retired U.S. Supreme Court Justice Sandra Day O’Connor wrote this in her separate concurrence in the landmark case of Republican Party of Minnesota v. White, the 2002 decision that changed the landscape in judicial elections by giving judges … Continue reading

Posted in Commentary, Death Penalty, Judiciary, Ohio Supreme Court Watch |

A Change of Heart by the Chief on Judicial Elections?

An interview with Ohio’s Chief Justice Maureen O’Connor and AP reporter Andrew Welch-Huggins, which ran in a number of Ohio newspapers last week, carried the headline “Ohio Chief Justice: Time to Rethink Judicial Elections.” The story quotes O’Connor as saying … Continue reading

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An Update on the Noling case

Last January, my University of Cincinnati College of Law colleague Carrie Wood, then with the Ohio Innocence project, (now with the Ohio Public Defender’s office) argued to the Supreme Court of Ohio that a second application for post conviction DNA … Continue reading

Posted in Evidence, Judiciary |

The Ohio Judicial Conference:Celebrating 50 Years

Last week I was at the Ohio Judicial Conference to give my annual presentation on the most important cases from the Supreme Court of Ohio this past year.  I attended Chief Justice O’Connor’s annual State of the Judiciary Address, … Continue reading

Posted in Judiciary, Ohio Supreme Court Watch |

The End of Summer

Well, I begin teaching a new crop of law students today, and the Supreme Court of Ohio resumes oral arguments tomorrow, which means the blog will crank back up again.   See this post about the cases the blog has … Continue reading

Posted in Judiciary, Ohio Supreme Court Watch |

Choosing Judges in Ohio: Time for Some Changes?

As I’m sure my readers already know,  Ohio elects all of its judges—from Municipal Court to the Ohio Supreme Court.  Why?  Our state constitution has required this since 1851.  And all judicial terms are six years.  Presently, the only requirement to … Continue reading

Posted in Commentary, Judiciary, Ohio Supreme Court Watch |