Chief justice candidate emphasizes importance of Ohio Supreme Court races

DOVER — Ohio Supreme Court Justice Sharon Kennedy, who is running for chief justice of the state's high court this November, brought her campaign to Tuscarawas County on Wednesday, emphasizing the difference in judicial philosophy between Republicans and Democrats.

Kennedy, a Republican, attended a campaign fundraiser at the Tool Shed at Breitenbach Winery near Dover.

"We believe judges say what the law says, not what it should be," she told the audience. "It's really pretty simple. We expect judges to decide cases, particularly at the Ohio Supreme Court, and exercise restraint.

"Decide only the issues necessary to resolve the legal matter in front of you. Use only the text of the constitutional provision or statute or contract to distill meaning and then apply it to the facts in you case. That's it. It's very simple."

Without mentioning Democrats by name, Kennedy said there is "another side" that does not share the views of Republicans.

"They believe in the law, unless something else is necessary," she said. "What else could be necessary other than you want an outcome? You are desirous of an outcome that is not provided for in the law, and we don't believe in that."

Kennedy is running for chief justice against Justice Jennifer Brunner, a Democrat, on Nov. 8. In addition, incumbent Republican Justices Pat DeWine and Pat Fischer are being challenged by appellate Judges Marilyn Zayas and Terri Jamison.

This year will be the first time that judicial candidates' party affiliation will appear on the ballot in Ohio. This will include races for the Ohio Supreme Court as well as the dozen appellate court districts.

In her speech, Kennedy highlighted the impact that the Ohio Supreme Court can have on the economy and on community safety.

"Can you make the economy worse? Yes," she said. "Because if you lose the Ohio Supreme Court, decisions that we made in the past are just pieces of paper. They can overturn them at any given time.

"So if you destabilize the rule of law, why is that important to any of you? If you're engaged in business, you need to know what the rules are so you engage in business and grow business. As long as you understand what the rules are, you can invest your money."

While discussing community safety, Kennedy talked about a January decision by the Ohio Supreme Court, Dubose v. McGuffey.

In a 4-3 ruling, the court said that money bail can be used only to ensure someone's return to court and that excessive bail is unconstitutional.

Setting a high bond simply to keep someone charged with a crime in jail before trial was “both statutorily and constitutionally unlawful," the court found.

"As a result of that, these cases are happening all over where violent offenders are having very low bonds set because what the court then said is the only two things you can consider, what the defendant can afford and whether they're likely to come back," said Kennedy, who did not vote in favor of the decision.

The ruling prompted Republicans to back a proposed constitutional amendment that will appear on the November ballot. The proposal says that when setting bail amounts, courts must consider public safety, a person's criminal record, the likelihood the defendant will show up for court and the seriousness of the offense.

Kennedy urged those in attendance to contact everyone they know to tell them about the importance of Ohio Supreme Court races this fall.

"Only you get to decide the direction of the Ohio Supreme Court. Only you get to decide who's going to serve you and your interests at the Ohio Supreme Court," she said.

Kennedy is a former police officer, having served four years with the Hamilton, Ohio, Police Department. She was special counsel to Ohio Attorney General Betty Montgomery from 1995 to 1998 and served 13 years as a Court of Common Pleas judge in the domestic relations division. She was elected to the Ohio Supreme Court in 2012.

The Columbus Dispatch contributed to this story. 

This article originally appeared on The Times-Reporter: Chief justice candidate emphasizes importance of Supreme Court races