As Introduced

136th General Assembly

Regular Session H. C. R. No. 43

2025-2026

Representative Synenberg

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

To urge the Supreme Court of Ohio to find the Ohio Code of Judicial Conduct Rule that prohibits judges from endorsing a candidate for office constitutional.

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

WHEREAS, Article IV, Section 2 of the Ohio Constitution grants the Supreme Court of Ohio original jurisdiction over admission to the practice of law, the discipline of persons so admitted, and all other matters relating to the practice of law; and

WHEREAS, Article IV, Section 5 of the Ohio Constitution grants the Supreme Court of Ohio general superintendence over all courts in Ohio, exercised by the Chief Justice in accordance with rules promulgated by the Supreme Court of Ohio; and

WHEREAS, Article IV, Section 5 of the Ohio Constitution grants the Supreme Court of Ohio the power to prescribe rules governing practice and procedure in all courts of Ohio; and

WHEREAS, The Ohio Code of Judicial Conduct is intended to establish standards for the ethical conduct of judges and judicial candidates; and

WHEREAS, The Ohio Code of Judicial Conduct Rule 1.2 requires a judge to act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and to avoid impropriety and the appearance of impropriety; and

WHEREAS, The Ohio Code of Judicial Conduct Rule 1.3 prohibits a judge from abusing the prestige of judicial office to advance the personal or economic interests of the judge or others; and

WHEREAS, The Ohio Code of Judicial Conduct Rule 4.1(A)(3), the Code of Conduct for United States Judges Canon 5, and most states prohibit a judge from publicly endorsing or opposing a candidate for public office; and

WHEREAS, In June 2024, the disciplinary counsel found that John William Rudduck violated Ohio Code of Judicial Conduct Rules 1.2, 1.3, and 4.1(A)(3); and

WHEREAS, The Supreme Court of Ohio, without giving notice to the parties, without being asked by the parties, and without being fully briefed by the parties, held in Disciplinary Counsel v. Rudduck, that Ohio Judicial Conduct Rule 4.1(A)(3) that prohibits judges from publicly endorsing or opposing a candidate for public office violates the First Amendment's right to free speech. The Court found that the rule was not narrowly tailored to serve the state's interest in preventing the appearance of judicial bias or to preserve the independence of the judiciary; was not the least restrictive alternative available; and was not narrowly tailored to advance the state's interest in maintaining judicial integrity and in preventing judicial corruption; and

WHEREAS, The Supreme Court of Ohio should have exercised judicial restraint and not decided a constitutional question unless it was absolutely necessary to do so; and

WHEREAS, Since the Supreme Court of Ohio did decide the constitutional question, the court should have agreed with the United States Court of Appeals for the Sixth Circuit that held that a state has a compelling interest in keeping its judges above the partisan fray of trading political favors. That court found that the rule withstood strict scrutiny because a ban on such endorsements guards against the risk that, once a judge is elected, the judge will not be able to referee disputes involving elected officials the judge did or did not endorse; and

WHEREAS, Allowing judges to endorse or oppose a candidate for public office creates partisanship within the judiciary, contravenes Ohio Judicial Conduct Rules 1.2 and 1.3, and actively erodes public confidence and trust in Ohio courts; and

RESOLVED, That we the members of the 136th General Assembly of the State of Ohio, urge the Supreme Court of Ohio to find Ohio Code of Judicial Conduct Rule 4.1(A)(3) prohibiting judges from endorsing a candidate for office constitutional; and be it further

RESOLVED, That the Clerk of the House of Representatives shall transmit duly authenticated copies of this resolution to the Governor, to the Chief Justice of the Supreme Court of Ohio and the other Justices of the Supreme Court of Ohio, and the news media of Ohio.