O’Neill sets exit date, but critics abound
Justice William M. O’Neill revealed Friday that he is quitting the Ohio Supreme Court on Jan. 26 to run for governor.
And that made pretty much nobody happy.
A newly disclosed email shows that Chief Justice Maureen O’Connor wanted him gone in late October, when he initially said he was running for governor.
Randall Comer, president of the Ohio State Bar Association, said late Friday afternoon that O’Neill must quit now “to fulfill his duty to promote public confidence
in the independence, integrity and impartiality of the judiciary. As a declared candidate for governor with a published campaign platform, recusal (agreeing to not hear new cases) is insufficient to remove any appearance of conflict or impropriety.”
Friend Richard Cordray, former Ohio attorney general who is now a competitor for the Democratic gubernatorial nomination, tweeted: “Bill O’Neill is a loose cannon who callously disrespects women, embarrassing our party and our state. There’s no place for that in this race.”
State Auditor Dave Yost, a Republican candidate for attorney general, said O’Neill is staying too long: “Jan. 26 is not good enough. If Bill O’Neill does not take the necessary — and long overdue — action of resigning from the court today, I fully support the Ohio legislature’s steps to remove O’Neill from the bench.”
The sponsor of legislation to force the justice out, Rep. Niraj Antani, R-Miamisburg, said, “Justice O’Neill should immediately resign from the court, or my concurrent resolution to remove him from the court should immediately be voted on by the House.”
The object of all that wrath responded this way Friday to The Dispatch: “The problem with the critics is, I am doing the right thing. So, I don’t think I can make my critics happy. There’s still 52 cases pending before the Ohio Supreme Court I have to rule on. I’m not leaving before the job is done.”
The Ohio Code of Judicial Code states that “upon becoming a candidate in a primary or general election for a nonjudicial elective office, a judge shall resign from judicial office.” O’Neill insisted when he declared his interest in the governor’s job Oct. 29 that he will not become an official candidate until he files his candidacy petition.
In a Nov. 2 email to the other six justices, O’Connor said, “To be clear, I told Bill that I do not agree with his interpretation of his duties under (the code). I think that he should have resigned 10/29/17. I suspect that we are in agreement on that point.
“Be that as it may, under no circumstances will Bill be able to say that the Supreme Court agrees, approves, or condones his course of action to remain on the court.”
O’Connor indicated she had “been in conversations with Bill regarding his need to at least recuse from cases.” O’Neill agreed to stop hearing new cases and devote his remaining time on the bench to cleaning up dozens of pending cases.
O’Neill wouldn’t directly challenge O’Connor: “She is a friend of mine. I will never say the chief justice is wrong; I will say I am right. The law is very clear ... someone becomes a candidate by filing (candidacy) petitions.” Those forms are due Feb. 7.
O’Neill, who gained national notoriety for his recent Facebook post detailing how he’d had 50 “attractive” female lovers — his way of responding to the sexual harassment scandal sweeping the country — said, “It is time for Democrats in Ohio to actually have an open primary driven by a vision that provides hope for the future.”
He becomes the sixth Democrat in the May 8 primary field to succeed John Kasich, who is barred by term limits from seeking re-election. O’Neill joins former federal Consumer Financial Protection Bureau chief Cordray, former state Rep. Connie Pillich, state Sen. Joe Schiavoni, former Congresswoman Betty Sutton and Dayton Mayor Nan Whaley.
In an interview, O’Neill said he is “looking” at several would-be running mates. “I guarantee you I will come up with someone who will balance the ticket. I clearly would prefer a woman,” but the ultimate criteria is someone who can work with him to “change the culture in Ohio.”
The justice, who defeated Republican incumbent Robert Cupp in 2012 while not accepting a cent in campaign donations, said, “I still believe money and judges don’t mix. But, this is a governor’s race. I anticipate it will take $15 million to $20 million to fund the race (through the general election), and I will raise it. And, I will match anyone dollar for dollar in the primary.”
O’Neill originally said he would drop out in favor of Cordray, but he changed his mind when Cordray would not back his proposal to legalize and tax recreational marijuana in Ohio and use the resulting revenue to reopen mental hospitals to treat drug addicts.
The justice scheduled his departure with 11 months remaining in his term. Kasich will appoint his successor, which will make the court all-Republican. The Ohio Republican Party has endorsed appellate judges Mary DeGenaro and Craig Baldwin to run for the seats being vacated by O’Neill and Republican Terrence O’Donnell. They cannot run again because they have reached the judicial age limit of 70.