The Ohio Supreme Court Judges Frequently Decide Cases of Legal Malpractice
To Combat Malpractice, Ohio Supreme Court Judges Nominated a Task Force of Lawyers And Judges.
Examining a list of the most recent cases heard by the Ohio Supreme Court judges reveals that every week or so, the state’s highest court suspends at least one attorney from practicing law in Ohio.
The frustration caused by the situation has prompted Chief Justice Thomas Moyer to appoint a task force of 18 legal experts, all of whom are either attorneys or judges, to examine the disciplinary procedures and policies in the Ohio judiciary system.
The system in Ohio underwent its most recent review in the 1990s, based on recommendations that came from a committee from the Ohio State Bar Association.
The questions of who selects the people on the task force and how that might affect the outcomes of the review is of interest and importance.
The Supreme Court has seven Justices in all, but it appears that only the Chief Justice is involved in the process of nominating members to the task force and receiving the reports.
What the Ohio Supreme Court judges hear on this case will affect the entire state legal system, so it seems prudent to have the entire panel of judges involved in the formation of the task force.
Even if all of the Justices are involved, however, the panel of judges is currently all Republican, and this might affect the ideals on which Ohio’s judiciary system is adjusted.
At the same time, Chief Justice Moyer’s term ends in 2010, and he will not be up for re-elections at that time because Ohio’s Constitution does not allow for people over the age of 70 to run for a Justice position.
Governor Ted Strickland, a moderate Democrat, has the authority to appoint a Justice, if he chooses.
Democratic Nomination
Ohio Supreme Court judges are nominated by public vote.
The system is supposed to safeguard against corruption, but election of Justices is vulnerable to all the same kinds of voter fraud that has presented itself in past elections.
The Chief Justice position, which will be open after 2010, necessitates the determination of nominees in each party.
This process will draw campaigns from Maureen O’Connor and former state Attorney General Jim Petro, both Republicans who will first run for the nomination before running for the position.
So far, no Democrats have expressed interest in running for the position. This may be due in part to the fact that the court has been all-Republican since 2006.
Some have accused Justice O’Connor of being a right-wing politician in her practice as a judge.
They claim that she looks out for the interests of the Chamber of Commerce and insurance companies.
This is one of the risks that a court runs if its panel of judges is not balanced.
A Justice Dropped Out
Justice Evelyn Lundberg Stratton backed out of the race for the Republican nomination to serve as Chief Justice in February 2009.
She said that her commitments to mental health reform and to her family make the position impractical for her.
Ohio leads the nation in its number of mental health courts, and its focus on crisis intervention training for police officers responding to calls related to mental health.
Stratton says that she is increasingly involved on a national level with these concerns as well.
The Ohio Supreme Court judges appear to get along well, but the concern for the court is that its one-sidedness will not allow for a balanced court.
If a Justice becomes the new Chief Justice, then the Governor will appoint the replacement, but the people should be the source of the balance, not the Governor.
Voter participation, once again, is the key to getting the will of the people into the system of government in Ohio.
Without the input of the people to select those who will interpret the law, a Chief Justice could take over whose work would gradually chip away at Ohioans’ interests.