As Introduced

136th General Assembly

Regular Session H. C. R. No. 26

2025-2026

Representatives Mathews, A., Swearingen

A c o n c u r r e n t R E S O L U T I O N

Summoning the Honorable Ted N. Berry, Judge of the Hamilton County Municipal Court, to appear before the General Assembly and show cause why he should not be removed from office under Article IV, Section 17 of the Ohio Constitution.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO (THE SENATE CONCURRING):

WHEREAS, Article IV, Section 17 of the Ohio Constitution provides that the General Assembly, upon the concurrence of two-thirds of the members elected to each house, may adopt a concurrent resolution removing a judge from office; and

WHEREAS, Article IV, Section 17 of the Ohio Constitution also provides that such a concurrent resolution may be adopted only upon complaint, the substance of which having been entered upon the journals of the two houses, and only after the judge has had notice of the complaint and been provided with an opportunity to be heard; and

WHEREAS, The House of Representatives and the Senate of the 136th General Assembly complain as follows under Article IV, Section 17 of the Ohio Constitution against the Honorable Ted N. Berry, Judge of the Hamilton County Municipal Court:

1. In response to the assassination of Charlie Kirk on September 10, 2025, Judge Berry posted a series of public comments on social media, including:

"So, a white guy killed him! Color it KARMA!"

"Rest in Hatred & Division!"

"How's he feel about gun violence & gun control in Hell, now?"

2. Canon 1 of the Ohio Code of Judicial Conduct states that, "A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."

3. Rule 1.2 of the Code provides that, "A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."

4. Judge Berry's statements contravene Rule 1.2 and actively erode the very public confidence he is sworn to uphold.

5. Canon 2 of the Code states that, "A judge shall perform the duties of judicial office impartially, competently, and diligently."

6. Rule 2.3 of the Code prohibits a judge from "manifest[ing] bias or prejudice ... based upon race."

7. Judge Berry's comments, particularly celebrating the killer's race by saying "Color it KARMA!," are a flagrant violation of Rule 2.3.

8. Rule 2.4 of the Code prohibits a judge from allowing personal or political interests to "influence the judge's judicial conduct or judgment."

9. Judge Berry's public display of racial bias, combined with his politically charged statements on gun control, call into question his adherence to Rule 2.4. He has demonstrated a clear inability to remain impartial. It is unclear how any person could be confident in fairness before his court.

10. Rule 2.11 of the Code requires a judge to "disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including ... [that] [t]he judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy."

11. Judge Berry's comments display a clear "personal bias or prejudice" that would require his disqualification under Rule 2.11. His conduct casts a dark shadow of doubt over his impartiality in all future cases that will come before his court.

From these facts, the House of Representatives and the Senate find that Judge Berry has violated the Ohio Code of Judicial Conduct, which warrants Judge Berry's removal from office under Article IV, Section 17 of the Ohio Constitution; now therefore be it

RESOLVED, That the House of Representatives and the Senate therefore summon Judge Berry to appear before the General Assembly and show cause why he should not be removed from office under Article IV, Section 17 of the Ohio Constitution. Within ten days after being served with this resolution, Judge Berry shall contact the Speaker of the House of Representatives and the President of the Senate to fix the time and place at which he is so to appear; and be it further

RESOLVED, That in all proceedings under this resolution, Judge Berry may have the assistance of counsel; and be it further

RESOLVED, That the Clerk of the House of Representatives and the Clerk of the Senate shall spread this resolution in full upon the pages of the House and Senate Journals; and be it further

RESOLVED, That the Sergeant-at-Arms of the House of Representatives shall serve a copy of this resolution personally upon Judge Berry, wherever he may be found. The Sergeant-at-Arms shall certify in writing the fact of this service to the Clerk of the House of Representatives and to the Clerk of the Senate. The Clerk of the House of Representatives and the Clerk of the Senate shall spread the certificate in full upon the pages of the House and Senate Journals; and be it further

RESOLVED, That the Clerk of the House of Representatives shall transmit certified copies of this resolution to the Governor, to the Chief Justice of the Supreme Court of Ohio, and to the Presiding Judge of the Hamilton County Municipal Court.