Ohio judicial regulations lawsuit

Contending that "Ohio is the only state in the union in which judicial candidates participate in partisan primary elections, but are then restricted to non-partisan statuses in general elections," suit was filed in U.S. Southern District Court yesterday contesting the issue.

By Ohio law, judicial candidates competing in a general election in Ohio are considered nonpartisan candidates. O.R.C. § 3501.01(J).

But, "the first opportunity judges have to present themselves for election by the people is in the primary election.," the complaint says. "Primary election ballots in Ohio, referred to as 'office type' ballots, list judges by their political party. O.R.C. § 3505.03 … The next opportunity for judicial candidates in Ohio to present themselves for election is in a general election, but Ohio law prohibits judicial candidates in the general election from appearing on 'office type ballot,' which allows party affiliation. The prohibition clear in O.R.C. § 3505.04." [ ORC Chapter 3505: General & Special Election Ballots ]

The suit also challenges "two provisions of the Ohio Code of Judicial Conduct: Rule 4.2 (B) (4), stating that a judicial candidate shall not, 'After the day of the primary election, identify himself or herself in advertising as a member of or affiliated with a political party;' and Rule 4.4 (A), stating that 'A judicial candidate shall not personally solicit or receive campaign contributions.'"

Like Kentucky rules were held unconstitutional by the 6th. Circuit Court of Appeals two week ago in Carey v. Wolnitzek, case no. 08-6468/6538.

Complaint