The Columbus Dispatch

Who gets to define ‘candidacy’?

-

I respond to the Dec. 8 Dispatch story, “O’Neill: ‘I will not be rushed’ off bench,” which reported the legislatur­e’s intention to violate the constituti­on’s separation of powers in its quest to remove a sitting Ohio Supreme Court justice, William M. O’Neill. Many questions arise as a result.

First, in relation to separation of powers, what statutory or constituti­onal provision provides authority for the Ohio Legislatur­e to enforce the Judicial Code of Conduct of the Supreme Court? The code is not a creature of statute or constituti­on. It’s a creation of the court, which is executed and enforced by the state’s high court. No other branch of government seems to have any authority at any stage in that process, likely for good reason.

The next appropriat­e question for Senate President Larry Obhof, R-Medina, Ohio Auditor Dave Yost, Rep. Niraj Antani, R-Miamisburg, and others who disagree with O’Neill’s chosen definition of “nonjudicia­l candidate” for the purposes of the code, is this: What is their definition for when someone becomes a nonjudicia­l candidate and what statute, or more aptly, code basis supports it? I’m guessing the answers will vary, along with the murky legal rationale that led to them.

In the article, Obhof stated, “That’s not the way it works.” What is the way it works then? When do you become a candidate? Is it when you begin to whisper to donors that you are intending to run? Or when you create a 501(c)(4) in lieu of a campaign committee to raise money in a thinly veiled effort to avoid officialne­ss? Or is it when you make a public statement specifical­ly declaring your intentions?

The problem with Obhof’s assessment is, while I agree that under O’Neill’s definition nobody would be a candidate right now, under Obhof’s ostensible definition everyone likely would have been a candidate long before they were actually “deemed” a candidate anyway. O’Neill’s definition of candidate for purpose of the judicial code at least has some statutory basis to point to, found in ORC 3501.01(H). The only other candidate definition found in the ORC is 3517.01(C)( 3), adding the solicitati­on and raising of funds to the definition.

I welcome Obhof’s efforts and the legislatur­e’s prerogativ­e to clarify, in statute, an appropriat­e definitive pointin-time that a “candidate” becomes a “candidate” for state law purposes, because the law is not as clear as it could be.

If the Supreme Court wishes to tie its definition in the Judicial Code of Conduct to the statutory definition, that would be its prerogativ­e, not the legislatur­e’s or the auditor’s. My suspicion is that is not the intent of these efforts. If and when we gain a better statutory definition of when someone becomes a candidate, which I hope is a result, just remember that the autonomous, separatebu­t-equal judiciary is well within its authority to provide and administer rules of conduct for the judiciary and the definition­s thereof, including any definition of “nonjudicia­l candidate,” for its own intent and purpose and without interferen­ce from any other branch of government. Grove City Columbus

 ??  ?? T. J. Feldman
T. J. Feldman

Newspapers in English

Newspapers from United States