Brunner unveils policy priorities in chief justice race

Sep. 14—COLUMBUS — The Democratic Ohio Supreme Court justice seeking to become the court's next chief justice on Tuesday took a page or two from the current chief's policy playbook while pledging to build on efforts to reform the bail system and ensure equal access to justice.

"As I watched in horror in 2020 with the murder of George Floyd, I knew that running for the Supreme Court was the right thing to do," Justice Jennifer Brunner said in a virtual media conference. "As I've worked with Chief Justice [Maureen] O'Connor on many of her very worthwhile initiatives, I know that we're on the path to do that, but that so much more needs to be done in the future."

After picking up three of four seats on the ballot in the last two election cycles, Democrats are within a single seat of taking the majority on the seven-justice court for the first time in more than three decades. The high stakes are likely to invite the pouring of millions of dollars directly and indirectly from factions on both sides into the three races on the 2022 ballot.

Ms. Brunner, a former Ohio secretary of state, was elected to the high court bench last November after serving six years on the 10th District Court of Appeals in Columbus. She defeated a Republican incumbent, Justice Judi French, with 55 percent of the vote.

The new Justice Brunner wasted little shifting to a race for chief, given that current Chief Justice O'Connor, a Republican, is barred from seeking another term because of her age.

The Ohio Republican Party has already endorsed her expected opponent next year — Justice Sharon Kennedy, of Butler County, who has already won three elections as associate justice.

Justice Brunner vowed Tuesday to create a permanent task force to examine fairness and equality in Ohio's courts, noting that recommendations from a temporary task force on racial fairness created two decades ago were never enacted.

She also added her voice to calls for a statewide criminal sentencing database.

"What we need is reliable data, where we can see, whether judges mean to do it or not, [whether] they might be letting their personal biases affect how they look at a person before them," she said. "We don't want just anecdotal examples...

"It will identify trends [and] draw comparisons in a standardized format for similar types of crime, criminal records, and other sentencing factors in categories that include race, gender, sexual orientation, gender identity, and, if known, ethnic background and religion," Justice Brunner said.

Given that the Ohio Statehouse is embroiled in a $61 million bribery scandal involving former Speaker of the House Larry Householder and powerful Akron-based utility FirstEnergy Corp., Justice Brunner vowed not to accept any campaign contributions from regulated utilities.

She noted, however, that she hadn't received any to date anyhow. Utilities have usually aligned themselves with business-backed efforts to elect Republicans to the bench.

She pledged to promote more specialty dockets, such as drug courts, and to better use technology to improve swift access to the courts, particularly in the wake of coronavirus-related delays.

It remains to be seen what effect there will be from a new state law adding partisan labels to high court races in general elections starting in 2022. Previously, all judges in the state ran in partisan primaries but without party labels in the general.

The winner of such a match-up would become just the second woman to serve as Ohio's chief justice.

During her 11 years so far, current Chief Justice Maureen O'Connor, a Republican. has championed bail reform when it comes to poor criminal defendants, an examination of the application of Ohio's death penalty law, and cameras in courtrooms.

Also seeking re-election as associate justices next year will be Justices Pat DeWine and Pat Fischer, both Republicans. Democrats have yet to unveil their candidates.

First Published September 14, 2021, 1:04pm