Rules-violation complaint against Ohio justice tossed

COLUMBUS — A state disciplinary panel has dismissed a Democratic allegation that Ohio Supreme Court Justice Maureen O'Connor violated judicial rules by endorsing fellow Republican Justice Judith Lanzinger in this year's election.

A separate panel recently dismissed a similar complaint filed by the Ohio Democratic Party claiming Justice Lanzinger had taken similar action in regard to Justice O'Connor.

Justice O'Connor is seeking a promotion to chief justice in the Nov. 2 election against current Chief Justice Eric Brown. He was appointed to the bench by Democratic Gov. Ted Strickland after the April death of Republican Chief Justice Thomas Moyer.

A bipartisan panel of appellate judges, after reviewing the party's complaints and the justices' responses, determined that both complaints lacked good cause that a violation had occurred.

“I knew that there was no misconduct, and now the public does as well,'' Justice O'Connor said. “I certainly try very hard to adhere to all of the rules pertaining to judges standing for election, and being falsely accused is never an easy thing to experience.''

The two sitting justices were accused of endorsing each other during public speeches in violation of the Code of Judicial Conduct. In both cases, they stopped short of formally endorsing one another, specifically noting that judicial rules prohibited that. But then they went on to make comments suggesting they're supportive of one another.

Justice Lanzinger of Toledo is seeking a second six-year term against Warren-based appellate Judge Mary Jane Trapp.

What judicial candidates can and cannot say on the campaign trail continues to evolve in the wake of a recent 6th U.S. Circuit Court of Appeals decision that struck down Kentucky restrictions as a violation of candidates' constitutional right of free speech.

Judge Patricia Ann Blackmon, a Cleveland appeals court judge who serves as chief justice of the Ohio Court of Appeals Judges Association, confirmed the dismissals.

She noted, however, that she could not provide additional information since disciplinary cases are confidential until they reach the point that good cause for a violation is found. That threshold wasn't surpassed in these cases.

Meanwhile, the Ohio Republican Party has accused Chief Justice Brown of violating the rules by making phone calls to encourage attendance at a campaign fund-raiser. That case is pending.