POLITICS

Ohio Senate starts process to remove Ohio Supreme Court Justice William O'Neill

Jessie Balmert
Cincinnati Enquirer
Justice William O'Neill

COLUMBUS - Ohio's GOP-controlled Senate started a process Wednesday to kick state Supreme Court Justice Bill O'Neill off the bench, saying he broke judicial code by running in the Democratic primary for governor. 

O'Neill, 70, of Chagrin Falls, recently broadcasted his consensual sexual encounters on Facebook – in defense of U.S. Sen. Al Franken, who later resigned for allegations of sexual harassment. O'Neill has riled Democrats by boycotting the Cleveland Browns and supporting General John Kelly's criticism of a Democratic Congresswoman.

But Ohio's GOP lawmakers were offended by something else: O'Neill's decision to run for governor while remaining on the bench of the state's top court. 

Judicial code states: "Upon becoming a candidate in a primary or general election for a nonjudicial elective office, a judge shall resign from judicial office."

Despite making campaign promises about legalizing marijuana and selecting a running mate, O'Neill maintains that he isn't an official candidate until Feb. 7, when he files paperwork. Others – from Ohio Supreme Court Justice Maureen O'Connor, a Republican, to Ohio Democratic Party Chairman David Pepper and the Ohio State Bar Association – disagree. 

On Wednesday, the state Senate started a process to remove O'Neill from the bench. The Senate, through a 25-8 vote, summoned O'Neill to make his case before state lawmakers. 

“The justice wishes to stay on the court to issue rulings when he knows he’s already a candidate for office,” said Sen. Bill Coley, R-Liberty Township. “The litigants who have cases before the Supreme Court deserve better.”

But the move was largely symbolic because O'Neill told Gov. John Kasich that he would resign on Jan. 26. In just over a week, the legislative effort will be moot. And the Ohio House does not plan to take up the Senate's action.

Still, Senate President Larry Obhof, R-Medina, wanted to make the chamber's position clear: O'Neill is violating judicial code by running for governor. 

“Frankly, there doesn’t seem to be that broad of disagreement on this,” Obhof said, adding that they have an obligation to ask O'Neill: "Have you compromised the integrity of the judicial process?"

O'Neill said called the Senate move "meaningless."

"Ten people died in Ohio today as a result of an overdose. And the Ohio Senate just wasted everyone's time passing a meaningless resolution that they knew was dead on arrival in the House," O'Neill told The Enquirer.

Sen. Joe Schiavoni, who is also running for governor as a Democrat, joined Republicans to approve the first step.

"I don’t want judges to run for office from the bench," Schiavoni said. He previously called on O'Neill to resign after the offensive Facebook post. 

But Ohio Senate's top Democrat, Kenny Yuko, said the effort was too late. 

"He’s leaving us in eight days,” Yuko said. “There’s no immediate crisis here.”

Other Democrats were concerned with the precedent this set. O'Neill isn't violating the state constitution or state law, said Sen. Mike Skindell, D-Lakewood. The judiciary should enforce the judicial code – not the Ohio Senate.

The idea to remove O'Neill was initially proposed by Rep. Niraj Antani, R-Miamisburg, in November, but the GOP-controlled House did not immediately pursue that option. Speaker Cliff Rosenberger said the House would not take any action on the resolution to remove O'Neill.