Ohio Republicans want Justice Brunner off redistricting lawsuits

COLUMBUS — The Ohio Republican Party wants Democratic Ohio Supreme Court Justice Jennifer Brunner to recuse herself from a trio of lawsuits challenging the new Gop-drawn state legislative maps, saying Brunner’s history makes it impossible for her to consider the issue impartially.

Among the issues the Ohio GOP cited on Wednesday: an October 2020 fundraiser at which Eric Holder, the Obama-era U.S. attorney general, was a special guest in support of Brunner’s Supreme Court campaign. Holder chairs the National Democratic Redistricting Committee, an affiliate of which filed one of the three redistricting lawsuits.

They also take issue with Brunner’s past comments on redistricting, including her December 2019 candidate announcement that included as statement from Tom Perez, then the leader of the Democratic National Committee, that said: “As Ohio implements a new way to draw its district lines after the 2020 election I can think of no one better than Judge Jennifer Brunner to ensure Ohio’s districts are fair.”

“We take Justice Brunner at her word,” Ohio Republican Party chairman Bob Paduchik said in a statement. “Based on her actions and statements it’s clear her decision on redistricting litigation is predetermined, and therefore she is subject to recusal. Ohio residents deserve an impartial constitutional review of the newly drawn legislative districts, and Justice Brunner is incapable of providing a fair opinion.”

In a text message, Brunner said: “There is no need for me to recuse on these cases.”

If a justice were to recuse themselves from a case, Chief Justice Maureen O’connor, a Republican, would replace them. Republicans hold a 4-3 majority on the court, with O’connor widely seen as a possible swing vote.

The recusal request from Republicans is a bit of a tit for tat. Ohio Democrats have called for Justice Pat Dewine to recuse himself from hearing the cases, since his father, Gov. Mike Dewine, is a defendant since he’s among the officials who approved the maps. The governor also might serve as a potential witness in the cases, since the court has ordered that he must sit for a deposition, or a closed-door questioning under oath by the plaintiffs.

Ohio Republicans’ request also hints at the 2022 election campaign. Brunner is running against Republican Justice Sharon Kennedy in the race for chief justice. The seat will be vacated by O’connor, who is retiring due to mandatory age limits.

In a statement, Matt Keyes, a spokesman for the Ohio Democratic Party, said: “The only conflict of interest that exists here is between the two politicians with the same last name, Mike and Pat Dewine.”

“Pat Dewine should play no part in a court case involving his father, and the Ohio Republican Party knows that. Which is exactly why we’re seeing this desperate stunt from a party that would rather play partisan games than fight for fair representation for Ohio voters,” Keyes said.

The Ohio Judicial Code of Conduct requires judges to recuse themselves from hearing cases involving close family members. The younger Dewine has argued that he had no obligation to step down in part because his father had a limited influence on the maps, since he was one of five Republicans who approved the maps.

The Ohio judicial code also bars judges or judicial candidates from making pledges to rule a certain way on issues likely to come before the court, if their pledge is “inconsistent with the impartial performance of the adjudicative duties of judicial office.”

Judges on the other hand are allowed to share their own personal views on issues. But, the state judicial code says: “When making such statements or announcements, a judge should acknowledge the overarching judicial obligation to apply and uphold the law without regard to his or her personal views.”

Redistricting was one of the major issues for the 2020 Ohio Supreme Court race, in which Brunner ultimately defeated Republican Justice Jennifer French. Kennedy, meanwhile, beat Democratic Cuyahoga County Judge John P. O’donnell.

On Wednesday, the Ohio GOP cited other past comments from Brunner, including a September 2020 tweet at Cher, the musical artist, in which Brunner extended an invitation for a “Zoom meeting/event for an Ohio Supreme Court race that could affect gerrymandering in Ohio.”

They also questioned the Ohio Environmental Council’s 2020 endorsement of Brunner, in which the group said Brunner was “committed to defending our democracy and upholding a fair redistricting process when new legislative and political boundaries are drawn.” The OEC is a plaintiff in another one of the three redistricting lawsuits.

Ohio GOP spokeswoman Tricia Mclaughlin wouldn’t say if the party thinks Supreme Court justices should recuse themselves from any cases involving parties who endorsed them. The Ohio GOP has endorsed Kennedy, as well as Justices Dewine and Pat Fischer, Republicans who are running for re-election.

“We aren’t setting a standard - we’re bringing to light a significant list of conflicts Justice Brenner has in hearing redistricting cases,” Mclaughlin said.