Ohio Supreme Court Justice DeWine talks about issues, re-election bid

Ohio Supreme Court Justice Pat DeWine says the November election will decide the direction of the court.

"... Whether we are a court that applies the law as written and shows judicial restraint or if we have more of an activist court," he said.

DeWine stopped by the News Journal office on Wednesday afternoon, ahead of a visit to the Bellville Street Fair.

DeWine is facing a challenge from Democrat Marilyn Zayas of the 1st District Court of Appeals.

It is one of three Supreme Court races up for grabs out of the court's seven seats. All three races are too close to call, but about one in six voters has yet to make up their minds, a new USA TODAY/Suffolk University poll shows.

DeWine leads Zayas 43.4% to 41% — well within the poll's margin of error of plus or minus 4.4 percentage points. He leads among men, white voters and those older than 55.

"One difference is where we are as far as judicial philosophy," DeWine said. "I'm someone who supports the rule of law and believes that judges should not legislate from the bench but rather practice judicial restraint."

He cited one case in particular.

DeWine disagrees with case involving bail of criminal defendants

In DuBose v. McGuffey, the Ohio Supreme Court upheld a decision by an intermediate state appellate court toreduce the bail of a criminal defendant — who was charged with multiple offenses, including murder — from $1.5 million to $500,000.

The Supreme Court ruled that excessively high cash bail is unconstitutional.

"You had four of the Ohio Supreme Court judges who said your trial judges cannot consider public safety when they set bail," DeWine said. "That decision has led to a lot of dangerous people being released from jail on very low bails."

He wrote the dissenting opinion in the case.

DeWine added that Zayas supports the DuBose ruling.

Issue 1 is a constitutional amendment that will be on the November ballot. It would basically repeal the DuBose decision.

"It says judges should consider public safety, risk of flight and seriousness of the offense when they set bail," DeWine said.

Supreme Court decisions impact how much Ohioans pay in taxes and what government records will be available to the public, among many others.

"We can rule on pretty much any legal issue that arises in a state court," DeWine said.

He said the supreme court focuses on cases that have a statewide impact. Justices hear only about 5 to 10% of the cases that are presented to them, DeWine said.

"What we do really has an impact on the public safety and the legal environment in the state of Ohio," he said.

Ohio Republicans have controlled a majority of seats on the seven-member high court since 1986. The current balance is four Republicans and three Democrats.

DeWine, the son of Ohio Gov. Mike DeWine, is finishing his first term. Prior to his election to the Supreme Court, he served for four years on the First District Court of Appeals and four years on the Hamilton County Common Pleas Court.

DeWine also served as a Hamilton County commissioner and a Cincinnati City Council member.

Candidates for justice to have parties listed on ballot

Ohioans often skip casting votes for judicial candidates. This year could be different for three reasons:

● Supreme Court candidates will have their party affiliations listed on the ballot for the first time.

● Current justices made high-profile redistricting decisions on Ohio legislative and congressional districts.

● The U.S. Supreme Court overturning Americans' rights to abortion may spike interest in state supreme court races.

DeWine said he was fine with listing party affiliations, noting there already are partisan primary races.

"As long as you're going to do that, there's no reason not to be transparent with the voters," he said, adding he has noticed an increased interest in the state supreme court races.

Regarding redistricting, DeWine said cases are still pending.

"People think they're over because we're voting now," he noted.

While acknowledging the abortion issue has sparked an interest in the supreme court races, DeWine said he could not comment further because of a number of pending cases before the court.

One of the "scary things" he has noticed is out-of-state special interests. He said people who don't live in Ohio are trying to impose their values here.

DeWine has $1.16 million on hand, while Zayas has $513,000.

He said 97.5% of his contributors live in Ohio, contending fewer than 10% of his opponent's contributors live here.

DeWine said he has been campaigning "all over the state." His goal is to hit all 88 of Ohio's counties.

He said the two most common concerns he hears from voters are crime and the economy.

Laura Bischoff of the Columbus Dispatch, a sister paper of the News Journal, contributed to this story.

mcaudill@gannett.com

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Twitter: @MNJCaudill

This article originally appeared on Mansfield News Journal: Ohio Supreme Court Justice DeWine talks issues ahead of election