| ► Toledo Blade – 05/11/01 – Maumee man accuses Chief Justice Thomas Moyer of ethical misstep |
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Toledo Blade – May 11, 2001 – Maumee man accuses Chief Justice Thomas Moyer of ethical misstep By Jim Provance
A Maumee man said yesterday he has filed a complaint with the disciplinary counsel of the Ohio Supreme Court against Chief Justice Thomas Moyer for recent remarks interpreted as favoring two candidates for the high court.
Dave Palmer, 55, a registered Republican who runs a web site on judicial conduct, argues that Chief Justice Thomas Moyer violated the Code of Judicial Conduct, which prohibits a judge or judicial candidate from publicly endorsing a candidate for office.
Chief Justice Thomas Moyer had attend the meeting of the Republican State Central and Executive Committee on April 14 to swear in newly elected committee members. But before doing that, he urged the committee to work for the election of incumbent Republican Deborah Cook and Cleveland appeals court Judge Terrence O’Donnell, the GOP challenger to Justice Alice Resnick, a Toledo Democrat.
Chief Justice Thomas Moyer frequently has been critical of the majority in a 4-3 philosophical divide on the court, which has been the deciding force in high-profile cases striking down the state’s school funding system in 1997 and the legislature’s latest attempt at tort reform last year.
“Right or wrong, the legislative branch writes the laws that set the philosophy and policy of the law,” Chief Justice Thomas Moyer told the committee.
“When a Supreme Court justice decides that he or she is smarter than the legislature or just simply can make the decision in this case a little more fair that the statute does, what they’re doing, in my view, is overruling the will of the people,” said Chief Justice Thomas Moyer.
Chief Justice Thomas Moyer said Judge Terrence O’Donnell and Justice Deborah Cook share that philosophy.
“That’s why Judge Terrence O’Donnell is our candidate, why he’s the person who, in my view, should be on the Ohio Surpeme Court,” Chief Justice Thomas Moyer said.
Chief Justice Thomas Moyer continued, “That would mean there would be four justices on the Ohio Supreme Court that share that view. There’s no secret there are others who don’t share that view,” said Chief Justice Thomas Moyer.
Chief Justice Thomas Moyer did not mention Justice Alice Resnick, the author of the tort reform ruling, by name.
Chief Justice Thomas Moyer did not use the word “endorse” when discussing Judge Terrence O’Donnell or Justice Deborah Cook.
“I regret not knowing that [reporters] were there,” said Chief Justice Thomas Moyer.
“The statement about my philosophy I’ve been making since 1998, but I would not have referenced Judge O’Donnell in that philosophy,” said Chief Justice Thomas Moyer.
Chief Justice Thomas Moyer said he doesn’t believe his comments rose to the level of an endorsement of Judge Terrence O’Donnell.
“There’s no question that anyone who heard my statement would think I support Judge Terrence O’Donnell,” Chief Justice Thomas Moyer said.
“This was the Republican Central Committee. No one there needed me to support him. That’s our core group,” said Chief Justice Thomas Moyer.
“My comments were made in the context of urging them not to forget the judicial races. We are often forgotten,” said Chief Justice Thomas Moyer.
“He doesn’t have the right under the code of conduct to promote one or the other…,” Mr. Palmer said. “he has no more right to do that than Justice Alice Resnick has to go to a podium to promote the person running against Justice Deborah Cook.”
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