Info-tech chief accused; others under scrutiny
The Ohio inspector general’s pursuit of multiple investigations into the state information-technology office has resulted in accusations of possible ethics violations by the state’s top IT official.
More is to come as Thursday’s report represents just the first in a series probing
“I would have hoped the Ohio Senate would spend its time on perhaps fixing the illegal funding for schools that has been in place for 20 years or maybe responding to the 10 people dying daily from the opioid crisis. They apparently have time on their hands.”
O’Neill has faced criticism for remaining on the bench while simultaneously running for governor, a move that many see as a violation of state judicial code, which O’Neill denies.
O’Neill said he will leave the court by Feb. 7, the filing deadline for statewide candidates. The judicial conduct code says a judge running for a non-judicial office shall resign “upon becoming a candidate.” O’Neill says he will not become an official candidate until he files his candidacy petition.
But Senate President Larry Obhof, R-Medina, said, “In my view, and the large majority of members’ view, that’s not the way it works. If we agree with that, there are no candidates for governor right now. I don’t think that passes the laugh test.”
O’Neill should have resigned once he announced he was running for a partisan office, Obhof said. Now, the Republican leadership of the Senate is preparing to move forward on removing O’Neill from the bench if he does not step down on his own.
Obhof said he has spoken both to members of his caucus and Democrats, and O’Neill’s people have been informed that there are plenty of votes to make it happen.
“There is very strong support for that and probably support on both sides of the aisle,” Obhof said.
Senate Minority Leader Kenny Yuko, D-Richmond Heights, said he’s concerned about protecting separation of powers and about legislative interference with an independent judiciary.
“The judicial system has a long-standing procedure to investigate and, if necessary, discipline judges,” Yuko said, adding that a resolution to remove O’Neill has not yet been introduced. “So let’s not put the cart before the horse.”
O’Neill originally had said he would not run for governor if his friend, Richard Cordray, entered the race. But O’Neill waffled after the former attorney general and recently resigned Consumer Financial Protection Bureau director refused to embrace key planks of his platform.
Cordray declined, O’Neill said, to agree to his position that recreational marijuana should be legalized, with the resulting state taxes used to reopen shuttered state mental hospitals to treat opioid addicts.
Asked if his entry into the six-way contest could harm Cordray, O’Neill replied, “Rich Cordray needs an aggressive primary. He is my friend. He could easily make a great governor. I just happen to believe my ideas need to be heard during the primary process.”
Criticism of O’Neill intensified when, in response to the recent wave of sexual harassment incidents coming to light, the justice took to Facebook and boasted of sleeping with 50 “very attractive females.” He later removed and apologized for the post.
O’Neill, prevented by age limits from seeking another term, is the only Democrat on the seven-member court. Leaving would allow Republican Gov. John Kasich to fill the opening until his term expires at the start of 2019.
Removing a Supreme Court justice, an action that may have never happened in Ohio, would take a two-thirds vote in each legislative chamber.
With a 24-9 majority, Senate Republicans could vote to remove O’Neill without Democratic votes. House Republicans currently have two openings, but at full membership and full support, it would have the 66 needed for a two-thirds vote.
Rep. Niraj Antani, R-Miamisburg, said he filed initial paperwork in the House aimed at O’Neill’s removal. Speaker Cliff Rosenberger, R-Clarksville, has discussed the issue with House leadership but, there are no definitive plans to move forward, said spokesman Brad Miller.
O’Neill should not serve until the February filing deadline, continuing to collect a paycheck from taxpayers, Obhof said. He said it’s possible the Senate could act if O’Neill agrees to step down but wants to delay the move. More likely, Obhof acknowledged, that with the holidays coming up, such a tactic could postpone a such a vote.
O’Neill indicated that he wants to extend his service on the court before resigning to handle and vote on 99 pending cases, of which 52 now remain, he said.